I have PDP case in Bijapur District Karnataka state According to the PDP the Ancestors property was divided in to four parts. I.e class I heirs are getting 5/16 each heir and my maternal aunt has 1/16. Since my father and my younger uncle was expired and their shares were given their sons in the PDP. Presently my elder uncle was also expired after the PDP . Now one of the party has filed application for FDP and notices were issue since I am also party in the case whether I can file objections and request the court for share my elder uncle share to all the parties. Please advise. Srikanth
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1. If before the drawing up of final decree any of the co-sharers dies then his legal heirs/representatives can file application to get added party to the suit.
2. So On death of your uncle his widow, children if any can apply to be added as parties.
3. if your uncle have died without any legal heirs then his sahre would be divided among his brother and sisters and hence a petition is to be filed to modify the preliminary decree on that line.
Since you are a party to the suit you can certainly file your objections to the application for FDP. As a defendant you have every right to object the application.
if your elder uncle is survived by his wife and children they would inherit uncle share in property
My brothers were filed partition suit for Ancestors property under OCC 661 in 2014 and same was decreed in my elders uncle's favour with out giving opportunity for rejoinder.Also made my name is exparte. After the decree order at lower court I and my brothers went to regular appeal at sr court.subseqently the preliminary decree has been awarded to my father.and 2 uncles with equal share of 5/16 and my aunt has not coparcener she has been given 1/16 in her father's share. Now before applying for FDP my elder uncle was expired(my father and younger uncle was expired before filing case. Since it is joint family property I have told my advocate to file memo with court to share my elder uncle's share.As the advocate is handling my aunt's file he wants to favour her claim he is telling I can file any objections now.Presently plaintiffs advocate filed FDP application and I am waiting for the notice. Please confirm whether I can file objections. If I have not objected same will go to my aunt as she is only class 2 heir alive and claim will go to her. Srikanth
You can file your objections on demise of uncle as it is joint family property
Now one of the party has filed application for FDP and notices were issue since I am also party in the case whether I can file objections and request the court for share my elder uncle share to all the parties.
As the court has already passed preliminary decree in the partition suit and the final decree petition has been filed, the case may move in that direction only.
If there are legal heirs to the deceased elder uncle then his share shall be allotted to his legal heirs/successors in interests, provided they file a application to get themselves impleaded as necessary parties to the suit as legal representatives to the deceased elder uncle.
If your elder uncle died intestate and is reported to have not been survived by any class I legal heirs then his share in the property shall automatically vest in the class II surviving legal heirs.
Thus even if you object, your objection may not sustain neither your claim for a share in his property shall be maintainable.
Hence you may better weigh the options and then venture into this arena. which may click or fail to fetch the desired result.