Vijay Kumar Ganta
Asked February 16, 2017

Share of property after Partition

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Dear sir, there are two brothers A & B, A has x,y sons, B has a,b,c,d,e. x died before 1954. Partition taken place in 1954 among y,a,b,c,d,e keeping x wife under y protection. A schedule property given to y and so on. Now y son says there is no share to x wife because this is self acquire property of y,abcde. Hence share not given to x wife saying he left from home in his childhood and lived in neibour village. Importantly y got alloted double worth i.e. 10000 share through A schedule. remaining a,b,c,d,e got alloted 5000/- worth. x self acquired some properties included in 1954 document. y son filed case against x grand sons saying they do not have any right in A schedule property. y son has not provided any document of proof that properties acquired only by y,a,b,c,d,e except 1954 document. Please advise us whether x wife got 1/2 share of A schedule property. x grandchildren produced x self acquired property documents before court saying these properties included in 1954 document. The meaning is properties mentioned in 1954 document are not only self acquired by y,a,b,c,d,e but also x.

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