partition of property
RANJEET KUSHWAHA
(Querist) 17 August 2013
This query is : Resolved
Manoranjan Mahto has 3 son as Brijesh Mahto, Bhootnath Mahto and Vijay Mahto.
Manoranjan Mahto and his wife are still alive.
Brijesh Mahto has 1 son and 1 daughter, both of them are married. Bhutnath Mahto has 3 daughters only, 2 of them are married.
Vijay Mahto has only one son who is unmarried.
Bhutnath Mahto passed away due to kidney failure, before partition of the property between all three above mentioned brothers.
Now Wife of Bhutnath Mahto is demanding 1/3 share of property from manoranjan Mahto but he denies by saying that without son you have no need of property.
For this reason she and her family are getting hurdle to meet daily requirement of lively hood.
Plz suggest how can she proceeds for her 1/3 share
Devajyoti Barman
(Expert) 17 August 2013
They can file a partition suit to claim their due share.
Rajendra K Goyal
(Expert) 17 August 2013
They can claim their share through court.
prabhakar singh
(Expert) 17 August 2013
When a sharer denies other sharers right,suit for partition of the share is only way out.
But big question is who is acquirer of the properties when you sate "Manoranjan Mahto and his wife are still alive."
If it is self acquired of Manoranjan Mahto ,then his sons or grandsons or widow of his predeceased son does not have any share at all during life time of Manoranjan Mahto .
In case it is ancestral property coming from father or grandfather of Manoranjan Mahto then all of his sons (and daughters,if any)would be deemed to be coparceners and the share of each in case there are 03 sons only along with their father would be 1/4th each(that is to say 1/4th of Manoranjan Mahto,1/4th of Brijesh Mahto and 1/4th of Vijay Mahto and 1/4th of deceased Bhut Nath Mahto to be shared equally by his widow and 3 daughters 1/16 each )
R.K Nanda
(Expert) 17 August 2013
file partition suit in civil court.
Raj Kumar Makkad
(Expert) 17 August 2013
As this is self acquired property so there is no question of getting it partitioned among the so-called legal heirs during the life time of the owner.
It is the sweet will of Mehto to transfer the property in favour of either of his sons/daughters or all as per his whims and wishes.
