Legal Question in Civil Litigation in India

We are totally 10 legal heirs for my father.(5 male and 5 female) My father had 2 wifes, where the first one does not ahve any issues . the second one marriage were performed by first one"s interest.

all the childern were born to second wife.

My first mother had self acuired property and she executed a will in favour of 5 sons after the death of second mother. she had given life time enjoument in the property.

The second mother aged around 80 and not able to main tain the above said property.

Out of 5 sons ,2 were expired .

Hence all the sons and son in law deceiced to sell the property and take care of our mother.

in between 2 out of 5 sisters had moved to the court asking for equal partion.

The will executed by 1 st wife of father(our Elder mother) was registered by paying a sum of 200 RS to invite the registrar to home where she was not able to move.

Can my sisters ask for partition?

can we sell the property to others if there is a suit against this property and the court did not hear or give injucntion order to this property. kindly advise


Asked on 11/25/10, 3:44 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

If this is a self acquired property of your 1st mother, then its her right to write a will, and this holds good even in the eyes of law as of hindu succession Act 1956. And 5 sisters can not claim any shares in this testamentory property (will based property). For example a proper will can arrest a shares of future succession, got this ?

Any how the matter is in the court of law as you said, hence just wait & see till the case ends, and then take appropriate decession, Okay ?

Thank You,

Kind Regards. Sanjay .K. Dixit, Advocate,

Davangere - 577 002.

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Answered on 11/28/10, 6:55 am


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