Partition
Adv.Vishal Anil Vyavahare
(Querist) 21 May 2013
This query is : Resolved
Hello Sir,
My client is a married woman.she married in 1980. Her father purchased agricultural lands from his personal earnings. Out of that one land has purchased in the name of his wife i. e. mother of my client. Father of my client died in Jan. 2013 and then my client demanded her Equal share in the agricultural lands from her four brothers and mother but they denied to give her any share in the property of her father which is not Ancestral but purchased by her father from his personal income.
Whether my client can demand her Equal share from the property of his father?
please provide me some guidence regarding that.
Thanks,
Viashal A. Vyavahare
Advocate
Advocate Ravinder
(Expert) 21 May 2013
Though the property is registered on your mother’s name originally it is the property purchased with the sole earnings of father.
If your mother gives consent for mutual partition it is ok. If she refuses, then you have to file a partition suit against your mother and brothers, where you have to convince the judge that it is was purchased by the sole earnings of father and at that time the mother was non earning member and your brothers were children (non earning members).
It is tough case. If you hire a good experienced lawyer, then only you can win the case, otherwise you will lose the case. Contact me on ravinder2345(at)gmail(dot)com for any doubt.
Raj Kumar Makkad
(Expert) 21 May 2013
You need not personally contact to me for clarification of any doubt as I shall try to clear all doubts here only and further suggest to post here only.
You have told in query that out of many properties one property was got registered in the name of your mother. You have no right to claim any share in that property during the life time of your mother as the same is exclusively self acquired property of your mother irrespective of the fact that your father incurred entire amount.
Now come the properties standing in the name of your father. After the death of your father, you have equal share therein. You can definitely file a suit for partition and possession against your brothers and mother.
Raj Kumar Makkad
(Expert) 21 May 2013
An experts is expected to guide as per legal provisions and not as per whims and wishes of a querist. If there is no law, how a good experienced lawyer can make it possible?
Advocate Ravinder
(Expert) 21 May 2013
Normally the clients to save the money will appoint inexperienced lawyer. Even though there is law in favour of the client, he will not be able to present the same before the Judge, thus there are chances of the case defeated.
Whenever the case is tough and which involve lot of citations to be presented, I advice the clients to appoint experienced lawyers.
For example the land disputes (title disputes starting from some 1950's) are very complicated. A normal lawyer cannot deal with the case
