Apni Law Staff asked 3 years ago
Two married sisters and their two brothers inherited their father’s property in Karnataka. The law allows daughters’ children to inherit as well, leading to 14 grandchildren being eligible for a share. In 1984, a court decree divided the property amongst all 18 claimants (14 grandchildren, 2 sisters, and 2 brothers), with one brother taking his share. Now, in 2016, the remaining 17 family members want to divide the property.
The question is whether the 1984 decree, partially executed by one brother, is sufficient to enable a final partition in 2016, or if a new court decree is required.
Best Answer
Apni Law Staff answered 3 years ago
Under the Indian Succession Act, 1984, a partial partition decree can be executed, but a complete partition requires a final decree. As the 1984 decree only addressed one brother’s share, a new court decree is necessary in 2016 to finalize the partition among the remaining 17 family members.
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