Partition suit
M Satyanarayana
(Querist) 25 April 2014
This query is : Resolved
Sir,
I am only one son for my parents and one elder sister in my family. My sister occupied the property in the year 1997 I filed Partition suit. The property was in my mother's name. My sister contested on forged Will subequently it was proved negative. My mother died in the meanwhile. The share were devolved in the ratio of 1/3rd share each myself, my father and my sister. Now the partition suit is posted for final decree and appointment of advocate commission. Recently my father died by executing will transferring his 1/3rd share to his daughter-in-law and dwelling house in the village. My sister with ill motive is claiming share in the house property and also 1/3rd share given by my father in the will. My sister is also claiming a share in the past transactions which are not existing today.
How can a married woman who got married in the year 1986 was given substantial dowry at the time of marriage still claim in the property which are not existing today except house and 1/3rd share in the partition suit.
Please kindly advise my is entitle for share when already in the partition suit she got 1/3rd share.
Thanking you,
MSN
P. Venu
(Expert) 26 April 2014
Dowry alleged given is not a deciding factor.
Surrender K Singal
(Expert) 26 April 2014
1/3rd was out of mother's property; Now, she has equal share in father's property;
Better reconcile as per law to avoid litigation ! Jai Shree Ram!
T. Kalaiselvan, Advocate
(Expert) 26 April 2014
If your father bequeathed his share of property to his daughter in law during his life time by way of Will, upon his death his share of the property left intestate by your mother upon her death will devolve upon the beneficiary of your father's Will, ask her to probate the Will to claim her share in the property. as far as our sister is concerned, she is entitled only to 1/3rd share of the property left behind by your mother without any arrangement and nothing else, my opinion is based on the information furnished by you, I will not be responsible if you have some other related information not divulged here while seeking the said opinion.
Dr J C Vashista
(Expert) 27 April 2014
Since the share of your mother's property was already partitioned, that chapter is closed.
Next the share out of your father's property, if he has already made/executed a will and you cannot prove it false, his property shall devolve upon his daughter-in-law.
Show the documents to a local lawyer, seek his/her services/advise and proceed.
Surrender K Singal
(Expert) 27 April 2014
Father's Will can settle the matter if probated !
Rajendra K Goyal
(Expert) 28 April 2014
Agree with the expert Dr J C Vashista ji.
Biswanath Roy
(Expert) 29 April 2014
Good opinion by the Learned Dr. J. C. Vashista.
M Satyanarayana
(Querist) 02 May 2014
I THANK ALL THE ABOVE PROFESSIONAL LAWYERS FOR THEIR VALUABLE ADVISE.
MSN
