SHEKHAR (CA) 15 May 2012

Family lealegal matter of a widow

MR. SHEKHAR SALUNKE

SOLAPUR M.S.

PH 9422501866.

EMAIL spr_salunke@bsnl.in

Date; 15-05-2012

Greetings of peace to you’ll

Please refer the following case and reflect upon;-

CASE;-

1. An individual aged 57 years , by profession a teacher, about to retire within 1 year.

2. Has 4 children all mature ( 1 Female married 2 years before, three sons).

3. Farm land 10 acres in the ownership of father).

4. Elder son married 2 years before does not have any issues, expired due to liver cirrhosis recently in October 2011. (legal heirs still living after the deceased= 1 married female, 2 younger sons aged 22 and 24 years un married)

5. Elder son had 3 acres of farm land on his name purchased at the age of 4 years where fathers name is as the guardian still endorsed on the 7/12 extract.

6. Wife of expired son claims for the 3 acres of land, and claims her par in the 10 acres of land in the name of father.

7. Rs. 18 lahhs crop loan has been availed few years back through nationalized bank on the farm land 10 acres owned by the father, Repayment due in 2015.

What can be the legal standing under such situation?

- How the 10 acres of land be saved?

- If the 3 acres and part the widow claims is given to her, can she leave the family and remarry?

- What is the legal binding, can she remarry? If yes is she liable to surrender the benefit she has and then remarry?

- What shall be the judgment if she moves to court of law with such demand?

PLEASE REFLECT ON WHAT CAN BE DONE TO SAVE THE 10 ACRES, WHERE THE DECEASED SON HAS 3 ACRES ON HIS NAME. & WHAT SHALL BE THE JUDGMENT IF THE WIDOW MOVES TO COURT WITH SUCH A DEMAND DEMANDING HER SHARE IN REMAINING 10 ACRES OF FARM LAND IN THE NAME OF THE DECEASED’S FATHER, WHERE THREE LEAGL HIERS ARE LIVING.

PLEASE SEND EMAIL ON ; spr_salunke@bsnl.in

Thank you,

With regards,

Shekhar

Reply Follow

2 Replies

Anjuru Chandra Sekhar (Advocate ) 15 May 2012

How the 10 acres of land be saved?

Ans. If this 10 acres land is self acquired property, it can be given as gift to anyone other than the expired son or his widow. If the person owning such self acquired property dies intestate (without leaving a will), then the widow of expired son can get 1/4 of the share on behalf of the expired son if she has no sons and daughters. If this 10 acres of land is inherited property then the widow can claim it on behalf of expired son as a matter of right, however in such case also the best way to defend such property is to spend it off, i.e., sell it and show the sale proceeds as having been utilized for family purposes.

If the 3 acres and part the widow claims is given to her, can she leave the family and remarry?

Ans. Yes.

What is the legal binding, can she remarry? If yes is she liable to surrender the benefit she has and then remarry?

Ans. She need not surrender the benefit in order to remarry.

What shall be the judgment if she moves to court of law with such demand?

Ans. Nobody can take away her right on the 3 acres of land belonging to her husband. However whether it is self acquired property or inherited by the father, with regard to the remaining 10 acres property she cannot move the court unless, the father writes a will in favor of sons other than the deceased son or his widow. And in case will is written with regard to self acquired property she will not get any favorable judgment from court. If will is written with regard to inherited property, she will get a favorable judgment.

sri (ceo) 15 May 2012

Farm land 10 acres in the ownership of father... can do whatever father wants...

Elder son had 3 acres of farm land on his name purchased at the age of 4 years where fathers name is as the guardian still endorsed on the 7/12 extract...land registered in a minor name... chance of dynamics as inherited property... as it cannot be self earned property

divide equally land and loan liabilities... let them be responsible...

handle widow with humanity...let her marry... and also gift her something...

otherwise go to court and waste time and money...