Partition deed executed in 1982 in hindu family between the mother and 3 children (2 daughter and 1 son) for all the ancestral properties. Daughter were given separate properties.
Mother and son shared a single property through partition deed with son given 80 cents and mother 60 cents but at the time paid tax only for 50 cents by both. Mother stays in a house in this joint property and managed this property. Son stayed away in another village due to work. The property was not partitioned by putting boundary stone or never constructed a partition wall separating out individual property. Mother looked after the property and paid tax for both hers and son's property. After several years in 1992, mother started paying tax for 60 cents in her name (increased 10 cents) and paid for 50 cents in her son's name. Again after several years, mother increased her cents to 65 in her tax paper and increased son's to 60 cents (increased 10 cents) in his tax paper. After that there was no increase, the tax was paid for 65 cents in mothers name and 60 cents in son's name. At times both the tax were paid together in mother's and son's name in a single tax paper for 65 cents and 60 cents.
Son passed way, mother still alive. Son has wife and 2 children. So there are 4 legal heirs.
1. Heirs have equal right on which of the following
(a) 80 cents as mentioned in partition deed executed in 1982
(b) 60 cents of son as per tax paper?
(c) 140 cents of joint property(80+60) without partition wall?
(d) (65+60) 125 cents as per tax paper?
2. Since there is no separation in property can mother sell or give her share to her daughters without informing the other heirs (son's wife and children) ?
3. Does mother have the right to decide how to partition and separate the property now? Do the wife and children have the right to claim equal road access?
4. What could be the reason tax was paid only for 50 cents for both mother and son during registration of partition deed even though the deed specified 80 cents and 60 cents?
mother not in favor of son's wife and children so wont give a proper answer to what she has done all these years. She also plans to give her share to daughters without consulting the other heirs.
Please advise
