Legal rights of a widow in her ancestral proprety of her father
Ayappan
(Querist) 10 September 2011
This query is : Resolved
Two 70 years widows along with their married sister are fighting in the court for their share of property of their deceased father who had two wives from their brothers. The second wife predeceased before her husband, she had a son who predeceased her, and a daughter who is a surviving widow. When she applied for a legal heir ship certificate the authorities denied her stating a dispute in court is existing. In the lower court her brothers had greased and got a verdict of sharing the property in manner where it is not divisible equitably. Now she is approaching higher court. The lawyer who fought her case had made a mistake in the family genealogical tree in share of the property. Now her counsel in the higher court states that the mistake made in lower court could not be rectified but the fight can be done for disproportionate division verdict passed seeking parity.
Kindly guide whether the fight for equitable share is sustainable., and the error committed by the counsel in lower court is rectifiable or not. What is the remedy. The brothers are adamant against any amicable settlement by discussion or dialogue as they are enjoying the property in full and also disposed of some property can that sale be nullified.
M/s. Y-not legal services
(Expert) 10 September 2011
I understood that right now two brothers and two sisters are surviving with the undivided property. Before law second wife alone can't claim share from husband's ancestral property. But her childrens can. I thinki your lower court failed to apply it's mind.. So Except the second wife, remaining all childrens of the father's and the first wife (if more) having equal rights over the ancestral property.
M/s. Y-not legal services
(Expert) 10 September 2011
Whether civil case is pending or not, its not a problem for issue a legal heir certificate. The denial of the authorities is arbitrary. Take further steps against them.
adv. rajeev ( rajoo )
(Expert) 10 September 2011
It is sustainable. Eventhough there is mistake court could have seen it. In the appellate court it can be argued.
prabhakar singh
(Expert) 10 September 2011
you should have stated more about the pedigree (genealogical tree)and defect arising there.It was possible to correct it by amendment which has not been done.however an amendment can be moved at any stage of the suit and an appeal is continuation of the suit.
your lawyer engaged in case has privilege to look in the brief so better bank on his advise.
with regard to share,i can say only this much that if the deceased father died intestate without making a will after 1956,leaving 2 widows,only former of them along with sons and daughters of both widows will inherit his self earned or those properties which were self earned by his father and inherited by him as successor of his father.
more detailed answer could be possible only when genealogical tree with error therein is pointed out and a detail of acquisition of properties of deceased is also posted.
Because answer will vary depending upon nature of acquisition beingself,personal/or ancestral.
girish shringi
(Expert) 11 September 2011
Give full detail.
However experts did the best to explain your present query.
