Legal Question in Family Law in India

Deleting LR's of Predeceased son on record.
In our partition suit there are 11 decree holders, 6 brothers and 5 sisters, , Male gets 2 shares and female gets 1 share as per Mohameddan Law.So as per decree 2/17th share for male and 1/17th share for sisters.
Suit was finally decreed in Additional court in 1970, and FDP is file in 1984.
All the main 11 decree holders were dead before filing FDP in 1984,
In our case as our Great Grandmother 3rd plaintiff in the O.S, was entitle for 1/17th share,
She had three childrens 1 son(predeceased), 2 daughters,
she died in 1978 and her son died in 1974 prior to her death before the FDP was filed,
while filing for FDP in 1984,They brought on record her heirs ie 2 daughters and Predeceased sons children while filing FDP.
As per Mohameddan LAW, Predeceased Sons/Daughters Children will not have share in their Grand parents property as they are entirely excluded by their uncle and aunts who survived their parents at the time of their death.
We have a raised an objection thru an advocate in section 151 cpc in FDP proceedings.
How to proceed to get these predeceased son�s LR deleted from record in this pending FDP proceedings and Under which section of Civil procedure code.
Please put light on �Mohameddan Law� also.

Asked on 9/03/08, 4:03 am

3 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Deleting LR's of Predeceased son on record.

Please contact personally with all the facts and details.

Your case needs an extensive study.

Answered on 9/04/08, 4:43 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Deleting LR's of Predeceased son on record.

In a case pending in court, the conducting counsel is the best person to render you proper opinion because he is properly equipped with all the facts and documents. Please consult your conducting lawyer. You may refer to the commentary on Mohammadan Law by Diwan or any other author.

Answered on 9/03/08, 7:41 am

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