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Arul   12 December 2018

Property partition regarding

Dear Sir,

i have a doubt regarding property partition between brothers...actualy the case is my cousin bros. they are fighting for the properties...so need clarification. here i will just use codes instead of names for better understanding the issue.

x is a person married y. they have 2 sons(a & b). x is a govt employee , he has acquired 3 plots and 3 acres agricultural lands from his forefather as property partition.And also x had over all 16 tolas of gold ( some he got from forefather & few purchased). Till now everything is ok.

suddenly x expired while on duty in 1999. so the family has got a compensastion from govt rs 15 lakhs. at the same time elder son a got govt job as his father exparded while on duty. and also y spouse of x received pension of about 20k pm.mean while y was suffered with some dicesease in 2009 and spent almost 8 lakh for that.

now both a nd b got mrg, years passed disturbances increased among a and b. and b demanded for partition in 2011. then in 2018 this year partition is planned. the mediator who devides the property supports b and ask to devide the left over amount from (15 lakh - 8 lakh = 7 lakh) and the other properties. as y is staying with son a , so she spend pension also there. but y demands some amount from y pension too. and the bad part is b demands the left over amount with 5 % interest since 2011.

doubt,

1.does a and b have any rights on the amount received by y as his husband x expired while on duty...?

2.does childrens have any rights on pension of parents.

3. about gold , y have approoximately 12 tolas gold now ( some she got from partition of her husbands brothers and some they bought).


B the second son blackmails for filling case on mother y and brother a , pls give ur valuable suggestions...

rgds
arul...



Learning

 3 Replies

Shashi Dhara   13 December 2018

1)the amount received after the death of x isdivided equallyfor all i.e. wife sons and daughters equally.all have equal rights on amount .2)wife is only sole right on pension only. No others can claim right on it.3)gold is her property . No one can claim on it.if B blackmails tell himgo to court.
1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 December 2018

The answers to your specific questions are as follows:

 

  1. does a and b have any rights on the amount received by y as his husband x expired while on duty...? 

    The terminal benefits of deceased employee belong to the  normally Wife of the deceased. In families, there shall not be dispute when the amount is received by Mother who in due course may give in her will the amount to the children. 
  2. does childrens have any rights on pension of parents. 

    Children have no right whatsoever on the pension being received by Father or Mother.
  3. about gold , y have approoximately 12 tolas gold now ( some she got from partition of her husbands brothers and some they bought).

     Gold purchased or inherited by X, naturally must have been gifted to his Wife Y and it belongs to her only. Nobody can claim it in her life time.

Entire problem appears to be that there is no proper mediator. If a person is taken as a Mediator, he should be impartial and should not take sides.  Here in this case, apparently the elder son got the best deal as:

1. He got his father's job for his life and with pension when he retires. While such compassionate ground appointment is given he must have given an undertaking to the employer that he would take care of entire family viz. Mother and brother and others if any.

2. He is staying in the ancestral house with mother. Mother is getting a pension of her own to an extent of Rs. 20000 which she must be giving to her elder son, atleast major portion of it.

 

Taking these plus points, Elder Son should be magnanamous and ensure that there is a proper partition of the property once for all. Whatever partition arrangement is made, it is advisable to write it down with full particulars and the same document should be registered duly witnessed. This shall avoid future complications. This shall take care of the property which is int he name of deceased father.

 

Mother can write her own Will regarding the Gold and Cash balances she must be accumulating with her. It is her will and pleasure to whom and how much to each of the sons she gives or donates/gifs to somebody else.

 

Entire matter need to be handled with lot of discussion and should be handled by a gentleman with no partiality to any one of the parties concenred.

1 Like

Arul   13 December 2018

thank you sir for your valuable advises...

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