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The Economic Times
The Economic Times
Neelanjit Das

Husband gave his share in joint property to another man via Will; Wife files case for partition of property for her share; SC rules in her favour for this reason

After nearly 15 years of legal battle, a woman finally won her share in a joint property (she held with her husband in Jabalpur), which had been in the possession of another man through a will prepared by her husband before his death.

The Supreme Court, in its order, said that since she has a 50% share in the joint property and her request for partition, the plea must be granted, as it was proved during the trial. However, since the property is too small for physical partition by metes and bounds, the court ordered it to be auctioned, and then money distributed among the owners according to their respective shares.

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