Dear Experts,
I Appeal to pay little attention on the below case and give ur valuable suggestions.
My Father got some property from his parents through will and also earned some lands during his life time.
He has got two wives as he doesnt get the children through the first wife he got married to my mother , before his marraige with my mother he has registered 5 acreas of land to his first wife. During the life time of my father his first wife also lived along with us.
We are three to our parents, elder sister, and a brother and me. Siste got married in the year 1983 and my father has given 3.5 acreas of land to her. After some time my father fell sick and he has settled 3 acreas of land to my mother. And in the rest of the properties he has wrote a registered will saying equal share to both of his male children i.e. for me and my brother. About 25 years back my father expired.
As my brother and myself are minors my mother managed the property and after we attiend 18 years we got pattadar passbook for the properties that are left by my father in favour of my brother and myself. While issuing the passbook the revenue authories has given equal share in each survey no for myself and my brother. As it is difficult to cultivate in that way we both arrived oral partition and took position but we didnot obtain the passbooks as we orallly partitioned.
My father first wife registered settlement deed for 3 acreas of land in favour of my brother. About 6 years back my brother expired intestate leaving behind his mother, wife and two minors aged now about 14 years and 12 years. The elder daughter of the deceased is broughup by my sister since the baby is 6 months old and she is still with my sister and wants to with her ownly, the same the child also expressed before the honourable judge.
After the death of my brother his wife wants the position of the properties. As the character of her and her parents is not good we opposed their actions keeping the minors interests and their future. But the properties of my brother are grabbed by his wife and obtained the passbooks in favouring her.
My mother and my sister (as the gurardian of the elder daughter) file a common suit for partition in the senior civil judge court as per the position of the lands not as per the revenue records. During the court enquiry my brother wife is also agreed that there was oral parition of the lands between the her husband and me.
In between this case my brother's wife filed petition asking the court to remove his brother sister name as the guardian of her elder daughter and also asked the court to include her as the gurdian for her elder daughter. But the court dismissed her petitions. But the judge didnt not mention sufficient reasons in his judgement
The final verdict in the partition case is against my mother and sister. court dismissed their partition suit. They moved to district court.
My Questions
1. Is there any right to my mother in the property of my intestate deceased brother.
2. Is threre is any impact of the scheduled property shown in the suit is different from the revenue records is the cause to loose the case. But my brother's wife also admitted the oral parition between her husband and myself.
3. Need your valuable suggestions to win the case. Pleas provide me some higher court judgements that are similar to this case.
Please answer my queries
Regards
skantha
