Legal Question in Civil Rights Law in India

deleting misjoinders in FDP

A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..

While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,

Hence all their LR's had to be brought on record to represent them in FDP.

In one 3rd plaintiff's case who is a daughter,

She had 3 children 1 son and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..

But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father(predeceased son of 3rd plaintiff) was not entitle for any share in the 3rd plaintiff Property.

FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts as the son(died in 1974) had predeceased, of original 3rd plaintiff, Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.


Asked on 10/26/08, 7:17 am

2 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: deleting misjoinders in FDP

Question is un-understandable. State the facts in paragraphs and avoid to use abbreviations. Inshallah, I will try to satisfy your query in full keeping in view of Islamic Law on the point. Please keep in mind the Orphan Grandson has his share in the property of Grandfather. I will prove.

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Answered on 11/02/08, 4:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: deleting misjoinders in FDP

You have mentioned having knowledge of Muslim law. Please re-state your question/doubts ? Please do not use abbreviation like FDP and instead write the complete sentences.

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Answered on 10/26/08, 8:05 am


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