Sanjay Thummar 20 August 2012

Partition of property

Dear all

There is one family having Grand Father (78 Yr old), Father & Mother (55 Yr), three brothers and one sister (all above 30 yr) all are married. Now the one brother is expired and he has a 7 year son. His wife wanted to the property of her husband and after getting his property she want to marry second time. Father and Mother is denying on the ground that we are ready to grow his son and ready to give property to his grand son (Deceases's Son). if lady wants to marry second time, they have not any objection. so can father and mother do this thing? what is the position of law.

Wife of decease is not literate, she is not worrying about sending her son to school but more interesting in property. though she is housewife but not doing any activities either in kitchen or house. his father back ground is very poor and no one is properly literate. Either her parent or she has no regular income (not more than Rs.60000 annual lum sum)

Father & Mother along with two brother of deceased is ready to grow decease's son and hand over his property at time of his maturity that is above 18 or 21 year. Father and mother and elder brother working jointly and living same place and having annually Rs. 200000/- every year. younger brother well educated and having Rs. 700000 annually income (salaried). Youger brother ready to grow and make the his brother's son well educated like him and whole family feel that they will have completed his decease's wish in absent of his.

here, parent lost her son, brother and sister lost his brother and wife lost his husband and a young 7 yr child (rightnow he does not know) lost his father. All are worry about his son and trying to educate them properly, make him purified (sansakari), whereas decease wife want to property and get married second time.

Can family pray court to allow them to grow decease's son with them being ancetral of their family ?

What is the position of law, if window of decease's want to get second marriage then what is the position of the property of decease.

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2 Replies

Advocate Ramesh (member) 20 August 2012

Dear sir,

I read and understand the position of your family. But as for as partition concern, You have to clarify many things. you only mentioned only the persons and their annual income alone. But it is not sufficient. The following points you have to clarify so that I can give some suggestions.

(1) .Whether the property is self acquired property of the grand father or else.

(2). Whether grandfather has only one chid (ie) father or some other else. If yes you have to tell all persons and whether partition take place among them

Sanjay Thummar 20 August 2012

Ther is two equally land properties. one is purchased by father and hold in the name of mother. second one is ancestral property and derived through grand father and it is name of father.

Temporary oral partition taken place before 15 month and understanding is that property was divided equally three part and parent would get money from their son equally in case required. younger brother told that he had not required property on temporary basis as he was geting enough penny so he gave away equally to both elder brother and also ready to help in case uncertain situation occure. Father made condition that all three son settle properly and then if I would feel there would no dispute, they would transfer property accodingly. So partition was like transfering property from parent to children with mutual understanding. three brother did not have any dispute regarding property. meanwhile, one second one pass away and above situation occure.

Everybody are thinking about the future of decease's son because he is most suffer person and he did not know. if widow of decease get second married, father feel he lost his son and also his grand son. so this are the prime issue. and if he will not live with him then why he share his property with him even her mother get second married.

thanks for reply