Complicated problem statement
Narayana
(Querist) 14 February 2016
This query is : Resolved
Dear Lawyers,
Reallly interesting and good online lawyers club for users here and i personally thank you very much.
I have a complicated problem in front of us(family) might be not seen over years we believe,
seeking good suggetstion and help all of your support, we belong to Andhra Pradesh state.
Kindly help us in this regard.
We are totally 6 children to our parents (3 men, 3 women)
1) Our father asset was 1 acre cultivation land (100 cents) and on father's name still, my father was passwed away recently.
i think that I know this 1 acre assets are equally shared among 6, here is the complications begin.
1) Our 2nd elder brother married his first wife (8 years ago) and due to misunderstandings they separated but not through divorce. through marriage process
2) Our 2nd elder brother married his 2nd wife (3 years ago) and due to misunderstandings they separated but not through divorce.
[just like married without our knowledge and photo was taken etc we dont know much, we got to know recently, she just complains against us in the police station, oftenly]
3) Our 2nd elder brother 2nd wife threatens us that they go for court to get their part/share, 1st wife also seems.
4) As we 6 children, say that 3 childrens are not agree to part/share our father assets, what will be the consequences? How court takes further on our request.
2) Our Living home land was on our mother's name since begining say closely 40 yrs and she passed away 10 years ago.
is mother assets equally shared among 6 or its applicable to only to our sisters?
As we 6 children, say that 3 childrens are not agree to part/share our father assets,
what will be the consequences? How court takes further on our request.
J K Agrawal
(Expert) 15 February 2016
Dear Mr Narayana
If any one want division, the property will be divided. The objection or wish of any other has no value.
The wife/ wives of your brother 2 have no right in property of your father or Mother.
Your Mothers property shall also be divided as same as your father, that is among all the six.
Anupam Lahiri
(Expert) 16 February 2016
Agreed with Agarwal ji. Only one point is to be added.
The property of the mother was to be devolved to the 6 children as well as father. Since father also died recently, his share of that property would now devolve on 6 children.
Mathematically speaking, share of each children would be same i.e 1/6.
Narayana
(Querist) 16 February 2016
Thanks for the answers.
If my 2nd brother wife goes for the court on this aspect then what will be the action taken from us.
Narayana
(Querist) 16 February 2016
Please clarify further.
Guest
(Expert) 16 February 2016
Mr. Narayana,
Of course, it is reallly interesting and good online lawyers club for users, but it is not good for the users to misuse that with the hypothetical academic query. Your long description does not indicate with what background the 2nd wife of your 2nd brother files and police report or for what purpose she threatens you to go to court.
In fact, when the problem has not yet started, how it can be said to be a complicated problem. 2nd wife of your 2nd brother has not yet filed any case for claiming any part of the property of your father. So, your question is quite premature. Police complaint or her threatening to go for court has no relevance till she files a case in the court for any type of claim.
Moreover, you have not stated, on what ground she files a complaint in the police or for what purpose she threatens to go to the court.
Also, your question, "if my 2nd brother wife goes for the court on this aspect then what will be the action taken from us" is irrelevant. The question arises, if she goes for maintenance, not for property, what purpose of your family will be served with the reply to your present question?
Please mind it, solutions are meant for the existing problems of the ral suffers, not the service as tutorials for the hypothetical queries with "IF".
Anupam Lahiri
(Expert) 17 February 2016
Very good advice Dhingra Sir.
