Family partition
prakash
(Querist) 24 July 2014
This query is : Resolved
Sir,
My question is my cousin sisters husband is no more he expired 6 months back, now her mother-in-law wants property from the portion of cousin sister's husband share who is no more, before my sister's father-in-law has made a partition deed(1991) in which he has given some property to his wife(mother-in -law) of my cousin sister and mother-in-law has also done partition deed with her son(my c sister's husband) in she taken her portion but they are not registered only notary has been done, now whether her mother can again calm the share in her son's property, kindly reply me,
thanking you prakash
Anirudh
(Expert) 24 July 2014
Dear Mr. Prakash,
Please do not unnecessarily confuse the issue by saying the father in law had given property to mother in law etc. etc.
The issue is a male person has died without making any WILL.
In such a situation who are all have a legal right to get a share in the property left behind by him.
The Hindu Succession Act is very clear on this. The property left behind by a male person will be inherited by his legal heirs equally. The legal heirs in this case are the deceased person's mother i.e. the mother-in-law of your cousin sister, his widow (i.e. your cousin sister), son, daughter.
Therefore the mother-in-law will get a share (whether she earlier got any share through partition, whether she has any other property, whether she is already well to do etc. etc., has nothing to do.)
Raj Kumar Makkad
(Expert) 24 July 2014
The mother in law of your cousin sister ha made partition of her share on a notary attested paper and had not done its registration. The notary signed paper has no value in the eyes of law so far as the transfer of property is concerned so legally the husband of your cousin sister had not become owner to the property allegedly partitioned (transferred) by his mother so she can definitely claim her property intact and may refuse to let it go in the hands of your cousin sister.
prakash
(Querist) 24 July 2014
Dear Anirudha Sir, one thing i have not made clear to that the mother in-law-has her self used that family partition done by her husband(HUSBAND HAS DIVIDED PROPERTY AMONG ALL CHILDREN IN 1991 & HIS WIFE) and between her son for many official uses and had accepted the p deed, now after her son's she wants share from property for which herself has agreed, signed and given without objection to her son when he was alive, more over her son has made property will deed in the name his wife before his death, now my question still mother can calm the property, ThANK YOU SIR
Anirudh
(Expert) 25 July 2014
Dear Mr. Prakash,
PLEASE DO NOT PLAY HERE.
PLEASE INDICATE WHETHER YOU EVER SAID IN YOUR ORIGINAL QUERY, THAT YOUR COUSIN SISTER'S HUSBAND HAD LEFT A "WILL" IN FAVOUR OF YOUR COUSIN SISTER?
IF NOT, WHY DID YOU NOT MENTION THIS IN YOUR QUERY?
WITHOUT THIS INFORMATION ABOUT "WILL", WHATEVER ANSWER THAT I PROVIDED WAS CORRECT.
V R SHROFF
(Expert) 25 July 2014
need to go thru Doc+ WILL
malipeddi jaggarao
(Expert) 25 July 2014
I fully agree with the perfect reply expert Shri Rajkumar Makkad. No more to add. Unregistered notarized partition deeds have no legal value. Both the Deeds are ineffective. Mother-in-law has equal share in the property. Forget about the old story.
P. Venu
(Expert) 25 July 2014
In view of the additional information provided by the queriest, the contents of the Will would be decisive.
Rajendra K Goyal
(Expert) 25 July 2014
The unregistered partition has no value in the eyes of law. The share of deceased son which he gained from his father will be inherited as per his will.
ajay sethi
(Expert) 25 July 2014
it is necessary to go through the documents mentioned by you to advice
ajay sethi
(Expert) 25 July 2014
it is necessary to go through the documents mentioned by you to advice
Raj Kumar Makkad
(Expert) 25 July 2014
As your subsequent query raises some other questions, it requires personal attention of the documents.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
It is better to consult a local lawyer very well versed with the related laws and proceed as per his advise.
prakash
(Querist) 27 July 2014
THANKS A LOT
