Mothers property- daughter-grand daughter claim shares
RAMJI
(Querist) 06 August 2012
This query is : Resolved
"S"is a divorcee ( took divorce on her own setting husband Mr exparte) and having child "M" and jointly living with parents at their home.To protect titles & rights of child, as dad & natural guardian Mr exparte filed a suit for partitioning the ancestral properties ( i.e wifes paternal grandfathers property) itis pending before the court... meantime, it is noted that the mother in law also got her ancestral property share from her father vide a partition deed... ( means wifes mother has got her partition from her father.i.e wifes maternal grand pa).... now the question is as below:
1. As like the first suit ( asking for share in paternal ancestral ppty for the child who is great grand daughter) CAN ANOTHER SUIT BE FILED BY THE HUSBAND....ASKING FOR PARTITION IN THE WIFES MOTHER PROPERTY ALSO ......
2. Is is right that under succession act, FEMALE IS ELIGIBLE TO GET EQUAL SHARE IN ANCESTRAL /COPARENCY PPTS OF BOTH FATHER & ALSO MOTHER........
Regards
Ramji
Adv.R.P.Chugh
(Expert) 07 August 2012
In India a daughter (in this case your wife's mother is not a source of coparcenory - meaning thereby that this property is absolute in her hands, and is not shared by her with her children). Leave alone Mr.Ex Parte - even his wife cannot seek to partition such properties in her mother's lifetime.
M V Gupta
(Expert) 07 August 2012
1. When the wife is the coparcener in repsect of the ancestral property of her Grand father, how could her divorced husband file the suit for partition? Wife should oppose the Suit.
2. Yes.
RAMJI
(Querist) 08 August 2012
Dear Mr M v gupta
1. Because there is a child, the father being natural guardian of the child (mr exparte) wants to protect the rights / titles of the child wrt ancestral properties of the mother AS THE MOTHER (WIFE) HAS TAKEN DIVORCE ON HER OWN BY COLLUDING WITH HER PARENTS AND OTHER COPARCENERS OF THE PPTY...say like the WIFE DESERRTED THE HUSBAND WITH A HIDDEN AGENDA OF SETTLING DOWN WITH HER PARENTS BEING A COPARCENER... AND HAD CLAIMED FOR MAINTENACE UNDER CRPC125....having she applied for maintenance reflects that either SHE HAS BEEN DECEIVED OF THE SHARE OR SHE MIGHT HAVE SOLD & SPENT thus she is not able maintain herself....hence she has to answer and defend her coparency status in the suit...this will help to assess the merit in maintenance claim and true position of her wealth.... i welcome your further views if any...
2. as regards pt no:2...pls comment on the views of Advocate bharat...
Regards
Ramji
M V Gupta
(Expert) 08 August 2012
It was stated that the father of the child who was divorced filed suit for partition of the coparcenary property of his divorced wife. A suit for partition of the Ancestral property can be filed by the coparcener and not by the children of the coparcener, as the child has only derivative right through the coparcener(in this case the mother). Of course, if the coparcener is trying to dispose of her share in the property for purposes not permissible under law, a suit on behalf of the child who has right by birth in the share, may seek injunction against the mother(the coparcener).
As regards your second query, it may be pointed out that the share which the wife's mother got in partition would be her absolute property and she has full rights of disposition. the property ceases to be ancestral on partition. I agree with the observations of Mr. Bharat.
RAMJI
(Querist) 09 August 2012
Dear mr gupta.
thanks for reply...its interesting to interact with you... as there is a chance for further collusion of divorced wife with her parents, suit is filed praying for partition (share of child)+ perm injunction for the childs share.....now case is being heard...and it may take time for judgement..
a) meantime, can the plaintiff apply an I.A seeking INTERIM INJUNCTION till disposal of the suit with main prayer ......
