Trace Your Case

ISSUE:

Whether the plaintiffs are entitled to demand a partition at all assuming them to be members of an undivided family?

RULE:

Suppose, however, that A dies after D, leaving a great-grandson D1 and the two sons of D, E, and F. In this case E and F could not sue D1 for partition of property descending from A, because it is inherited by D1 alone, since, E and F, being sons of a great-grandson, are excluded by D1, A‘s surviving great-grandson, the right of representation extending no further.
Introducing B1, C1, D1, E1, and F1 and B2, C2, E2, E2, and F2, as additional descendants of A, all forming an undivided family, might render the case a little more complicated and affect the value of their shares, but could not destroy the right if any, of E and F to share the joint family property with the other members.

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