Rahul Sharma (CMA) 01 October 2013

My querry still pending since april 2013

Father A is retired and mother is a housewife. Father A has three sons S1,S2,S3 and a daughter D1.father has self acquired property consisting (agricultural land (in MP) , Plot and residential house in delhi).All childten(S1,S2,S3,D1) are married.elder son S1 is residing in MP and doing cultivation over father's (A) land(father has no objection but no paper has been made in respect of cultivation work).over the years S1 started neglecting the parents and completely ignored them after some years.Now son S1 has started showing that this agricultural land belongs to him only and S2,S3 and D1 does not have any right on the land.after this S2,S3 is planning to share(50:50) plot and residential house between them only.S2 and S3 does not want to give any share to D1 and S1.sons S2,S3 has also started neglecting the parents.No will or nothing else has been made.

now my question is:

Q1.Best possible solution to the case.father A wants family(A,S2,S3,D1) to be united till his death.

Q2.A doesn't want to give any share to S1.

Q3.What is the best way of partition to bring them together A,S1,S2,S3,D1.

Q4.Does D1 has any right in the property of her father.

Q4.After A's death will D1 lapse her right in father's property.

Q5.What is the best way to safe guard the interest of daughter D1.

Reply Follow

3 Replies

Dibakar Ray (Advocate.) 01 October 2013

Reply to the queries:-

Q.1:- father A wants family(A,S2,S3,D1) to be united till his death- This is absolutely a family matter. Not replying on the same as this will be decided at the heart & not at this platform.

Q.2:- A doesn't want to give any share to S1:- During the lifetime of A, S1 does not have any right on the self acquired property of A. If A wants to have evict S1 from the agricutural land then he can apply before the police station & land reform officer. Will have to take help from the local Advocate. And on death, A can make will to give the property to any person he chooses and thereby excluding the right of S1.

Q.3:- On application by the D1, all other property can be partitioned between the legal heir on the intestate death of A except the residential property. The daughter have right to reside in the property but can not apply for partition. If all other male legal heirs chooses to sell/partition the property, then only daughter D1 have right to the value or part in the property.
For partition, the daughter D1 have to file partition suit before the appropriate forum.

Q.4:- The answer to this question is already covered in Q.3.

Q.5:- The daughter have equal right to property along with male heirs except as stated above. In case of death of A, the rules as laid down in Succession Act will follow.

If A chooses to make will, then the provision as stated in the will prevails.

Hope you get the reply. Only wondering about the fate of A, everybody in his family is thinking about his death and property. Wish he gave all his belongings to charity to teach the sons & daughter a lesson for life. (NOT BEING MORAL POLICE, BUT A PERSON WITH MINIMUM FEELINGS. HOPE YOU WILL NOT MIND)

Rahul Sharma (CMA) 01 October 2013

"Dibakar Ray Ji" Thank you very much for suggesting me.

Sincerely,

Rahul Sharma

T. Kalaiselvan, Advocate (Advocate) 01 October 2013

Mr. Ray is right telling that the siblings are more interested in the properties alone, while they do not bother about taking care of elderly person during ailing fag end of life.