Partition of property

Querist : Anonymous (Querist) 11 December 2009 This query is : Resolved
My father has ancestral agricultural property and two houses. Only one portion has been divided between my father and my uncles. Other property are still in joint name of my father and my uncles.
My mother, was living separately with another person since last 15 years. But my father and mother are not separated. She is living in the house owned by that person. The telephone connection to that home is in my mom's name. They have joint Bank account. But they are not married legally and not divorced my dad. My dad died last year. Now I want to file partition suit.

My question is: Whether my mom also get share in that property?
My mom went away with another person when I was just 7 year old. She did not took responsibility of her children or husband. How we may prevent her from taking share in the property in the circumstance mentioned above?

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Adv Archana Deshmukh (Expert) 11 December 2009
If your mom is not legally divorced from your dad, then she is entitled to a share as a wife. But if you can prove that she has been residing with another man then, she will not be entitled to any share in the property.

Vineet (Expert) 11 December 2009
It is going to be a long drawn legal battle to exclude your mother from the property partition as she has not been legally divorced. It will be more like obtaining divorce on your father's behalf first and then partition the property. Given the way judicial system works in our country, you should be ready for frustrating delays which may end one's lifetime if you don't want to share property with your mother.

The situation becomes more complicated as there are other claimants in the property also (your uncles) who are not from your father's branch in HUF.

niranjan (Expert) 11 December 2009
You should notjoin her as deft.but let her come tobe joined as party to the suit.You can contest her application with teeth and nail.

Raj Kumar Makkad (Expert) 11 December 2009
niranjan! We here have to tell only the legal provisions without any personal sentiments.

Mr! You have no chance at all in the given cirumstances and your mother is legally entitled to share the property at par with you.

Sachin Bhatia (Expert) 17 December 2009
If your mom is not legally divorced from your dad, then she is entitled to a share.

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