Husband /wife living seperately past from 45yrs
prakash
(Querist) 23 August 2013
This query is : Resolved
my father has 3brothers elder brother living with my father past from 45yrs,its joint family,my father was a govt servant left the village&settled in the city after marriage,leaving the land of acre to both the brothers,after few yrs my father elder brother left the village escaped from the house,becoz her wife and younger brother beaten like any thing for some reason,so my father elder brother came to come my father house leaving with my father past from 45yrs with so many request and compromise done in village my father elder brother refused to the village and leave with her wife, my father elder brother having 1 daughter aged about 43yrs not married.
now they a sent notice to her husband saying to pay monthly compassion about 10000rs after 45yrs,he is aged about 80yrs he has nothing to pay,his health condition is not good,he his having 6 acre in his name ancestral property,now it is in court for partition suit,
he is ready to to give his share to her daughter 1 acre, half acre to her wife, half acre to himself for his health,the 6acre is enjoying by the last brother,the case case is almost 2yrs in process,what will be the feature consequence, shall her wife can ear some crops or stop the land which has given for lease by last brother,or a injunction order until the final judgement comes out,my lawyer is doing good in this case,
is their any possibility to stop the leased land
or shall we get a injunction order.
all r aged,my father last brother son wants to prolong this case by objecting with some other reason, kindly suggest.
regards
prakash
V.T.Venkataram
(Expert) 23 August 2013
Please specify in which state and district the dispute is pending .The wife continues to be his wife and if fully entitled for a share in the property
prabhakar singh
(Expert) 23 August 2013
Better rely on your lawyer as i found you failed to communicate us properly.
Shonee Kapoor
(Expert) 23 August 2013
To the best of my understanding of the problem. The court may allow partition but deny the maintenance or give only a paltry sum of maintenance.
It would be better if this gentleman creates a will of his share of the property. Otherwise you all would also be sucked into the litigation.
Regards,
Shonee Kapoor
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prakash
(Querist) 25 August 2013
partition suite is pending in karnataka district Davangere,
elder brother wife not divorced past from 40yrs,
now they wants monthly composition,elder brother aged nearly 80yrs.
V R SHROFF
(Expert) 25 August 2013
Act as advised by Shri Shonee.
mtn apli will fail , property may be shared
act fast for WILL / Gift
prakash
(Querist) 25 August 2013
can the ancestral property have the power in feature if it is done will, equal share for all three brothers.
Raj Kumar Makkad
(Expert) 26 August 2013
Wife has no right to claim in the ancestral property inherited aur inheritable from the father of the husband but she is entitled to claim in the other self acquired movable and immovable properties of her husband as per new law.
prakash
(Querist) 24 September 2013
Dear sir
my father brother has planning to make a will of his share of 2 acres of land to his wife and to far a daughter,still the partition suit is pending in the court,her wife has filed a case for monthly compensation of 10,000rs,he his not having the money to file,nor he not able to travel,what to do sir.plz advise
