Property related
sushil chaturvedi
(Querist) 08 June 2014
This query is : Resolved
Dear sir,
We are a Hindu Family, and facing a legal battel regarding our anccentaral property.
1. My uncle was married in 1997 but his wife run away to her home just after 1 month of marriage reasons best known to her. And till now she never returned and her parents also not made any attempt to send her back to our home.so from past 14 years she is not living at our home.
2. In 2011 my uncle died. Now the brother of my uncle's wife want to sell our anccestoral land. My father has 5 brothers and no kind of formal division of property took place in our family till date.
3. And her brother only want to sell those land which is more fertile and costlier than our other land.
4. Sir we also know that my deceased uncle wife is mentally not sound.
So, sir I want to know what legal options we have to deal in our case.
Devajyoti Barman
(Expert) 08 June 2014
On the death of your uncle his widow inherits the share of her husband on the ancestral property.
Now since it is undivided nobody can claim any particular area unless all other consents to it.
So better sit together and execute am amicable deed of partition where properties of choice of all parties are divided among themselves.
sushil chaturvedi
(Querist) 09 June 2014
Thanks sir,
I was reading a precident in which supreme court said that "if a wife desert her husband willingly in that case she dont have any right in huaband property"
CR NO.24684/2008 of The HIGH COURT OF PUNJAB & HARYANA. Poonam (petitioner) with Mohinder Kumar (respondent)Â
As in my case my uncle wife left him just after 1 month of marriage willingly without telling us any reason. So now uncle is died so now can a she claim right in our ancesstoral property.
Devajyoti Barman
(Expert) 09 June 2014
I am not aware of such precedent and without going through it, it is hard to make comment on it.
Law however does not create an=y such bar and the Succession Act being a Central Act, the said precedent has no universal application upon other states.
