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Darwin Edmond (Production Manager)     18 July 2014

Mother's right on husband's property

Dear Experts,

I am 34 Yrs Male .We are Indian Catholics(Christians) from Southern part of Tamilnadu. We are 5 ( Mother+3 Elder Sister+Myself) and all my siblings are married and settled.All of their wedding was done when my father was alive. My father passed away without writing a will on his property from his own money. One of our Sister is raising dispute by not to proceed for any kind of deeds like Partition / Settlement / Sale (to other Party) unless the compensation of 160 gms (20 Soverens) of Jewels to be given to her which is the difference when it is compared with other my two sister which was given during all of their wedding. The Sister who initiated the dispute was married 20 years back and she had 3 children.Please guide us to settle the issue legally as per Christian Succession Act / Hindu Succession Act? Also know what sort of rights my mother is having in non-cooperation from 1 of the legalheir to proceed partition as per Act?



Learning

 3 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     18 July 2014

Since one of your sister is not co-operating to effect partition, a simple partition suit can be filed before the civil Court,  by making the said sister as defendant.

shanmugam lakshmanan (senior)     18 July 2014

Adv. Saleema Kabeer has taken  correct view over your dispute. 

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 July 2014

She cannot ask for difference of gold which was gifted to her at the time of marriage..

The only remedy is to file a Suit for partition stating all properties left by your father.


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