Hindu Succession
Querist :
Anonymous
(Querist) 30 June 2011
This query is : Resolved
Dear Experts,
I Appeal to pay little attention on the below case and give ur valuable suggestions.
I am the second wife to my husband as his first wife doesn’t have children my husband married to me. He executed settlement registered for 5 areas of land to his first wife before getting married with me. We have 1 daughter and 2 sons.
Daughter got married in the year 1981 . My husband executed registered settlement to my daughter for 3.5 areas. My husband died in the year 1983. Before he died he settled 3 acres of land to me and for the rest of the properties he wrote a registered will saying all the rest of his properties in favor of our 2 sons and he nominated me as the guardian as the our 2 sons are minors by that time. But he did not mention any specific survey nos or properties to each of the sons just said for all his properties his sons have right.
I managed the properties till my sons attained the majors. After that Revenue authorities have issued pattadar pass books to my sons dividing each survey no into 2 shares. After that about 15 years back my 2 sons partitioned orally and divided the properties as per their convince easy to cultivate. But they did not get the passbooks as the per their oral partition. As per the oral partition it was differed from pattadar passbooks.
They are still enjoying the properties as per the oral partition that they had before. My first son got married in the year 1996. During his marriage time my husband’s first wife executed a settlement in favor of my first son for 3 areas with out any conditions. She also executed settlement in favor of my daughter-in-law for 2 areas after her lifetime .
My daughter-in-law doesn’t show any mercy to myself and my husband’s first wife. She never cares about us. At the age of 68 I am only taking of my husband’s first wife who is now at 90 years old.
My 1st son has 2 daughters. One now at 16 years and 2 daughters now at 14 years. My daughter has taken care of my 1st sons 1st daughter baby is not well at the age of 6 months and the she has taken care of everything for her. Still that baby is with her studying intermediate. My daughter only spending all for the 1st baby of my 1st son. Still She wants to stay with her aunt only.
My 1st son was died intestate in the year 2005. After his death my daughter-in-law wants to sell the properties and left to her parents home. When we oppose this she also files false criminal cases against me and my 2nd son and on my daughter too. But these were proven as the wrong cases in the court.
She also files kidnap case against my daughter and on her husband saying that they were forcibly taken way her 1st daughter. But actually as said above the baby is staying with them at her 6 months age. Still want s to be with them. The baby also said the same before the judge in lok-adalat.
I and my daughter filed a civil suit asking for the sharing in my intestate 1st sons properties and I am the class one hire in the intestate deceased sons properties and my daughter as the guardian of the 1st daughter my deceased son. It was a combined suit.
But in the schedule property we shown my deceased sons properties as per the position as he used to cultivate for many years binding the oral partition between the brothers but not as per the pattadar passbooks. Other party also confirmed that her husband and his brother had oral partition and enjoying the properties as per the scheduled property.
But my petition is dismissed by the court. Now I approached district court the mater is pending.
Plz guide me do I get share in the property of my deceased son in the district court. How should I proceed further.
R.Ramachandran
(Expert) 30 June 2011
No doubt, you and the daughter of your deceased son being Class-I heirs are entitled to equal share in the property left behind by your son.
But, what is the reason why your case was dismissed by the court? That is not known. In any case, your case is being handled by your Advocate. Then what is the difficulty?
