R 09 November 2015

Partition dispute

Respected Sir/Madam,

My father passed away a year ago.

We are 6 legal heirs.

My mother who is 2nd wife of my father, me and my younger sister

and A step brother and two step sisters from his first wife. All are narried.

After my fathers death my step brothers and sister were asking for partition. They were harassing us for partition.

Now they have sent a legal notice for partition.

But my mother is housewife, she gets family pension but that is not enough as it is not much. Me and my younger sister are students. Step brother and sisters do not give a penny to help us though they are earning lot of money. They are not taking our responsibility and treat us as strangers. Insteat they are asking for partition now only and do not have patience or trust in us.

All FDs were in joint name of my father and mother.

Now since we are not yet settled and mother has responsibility of my sisters marriage, can she defer the partition?

What is the law and relevant case studies regarding this matter?

Is it neccesary to divide everything now only?

Can we defer the partition contending that we are not yet settled and mother has responsibilty of our marriage and they are very well settled earning lot of money and not taking our responsibility.

Please advice

Thank you

Reply Follow

6 Replies

Subash M R (Advocate) 09 November 2015

The facts which you have put forth are not valid grounds in the eye of law in deferring the claim of partition of your step brothers and sister.

Thanking you,

1 Like

R 09 November 2015

Ok.

Thank you sir for your reply

Kumar Doab (FIN) 09 November 2015

Your mother is 1st or 2nd wife and is her marriage legaly valid.

Since legal notice has been served approach an able lawyer and try out amicable family settlement, duly registered or defend yourself in court if the matter lands up in court of law.

Ask your lawyer if the mother can claim maintainance from children.

1 Like

saravanan s (legal advisor) 09 November 2015

They are right in claiming their share from the property of their intestate father's as they are class 1 legal heirs.if your mother is not legally wedded to your father then she is not entitled for her share as a class 1 heir but you both are entitled. Try to arrive at a family settlement and settle the issue amicably

1 Like

R 10 November 2015

My mother is 2nd wife and legally wedded wife. My father's first wife expired early and then my father married my mother. Yes, we will try for family settlement. Thank you Kumar Doab & Saravanan S for your suggestions.