Related to land
Vinod R Kolkhede
(Querist) 22 August 2012
This query is : Resolved
My friend belongs to Hindu family and the Aunty of my friend is claiming all immovable property (Agriculture lands). The husband of Aunty that means Auncle of my friend died before 15 years and after that Aunty got married to another Hindu persone. Since then the possetion of all immovable properties is with my friend. On some land papers, 7/12 extract (Land paper as per Revenue department of Maharashtra) the name of Aunty is mentioned with other co-owners and on some other land papers her name is not mentioned. Now Aunty is going to claim the whole property and she needs partition.
Could you please advice whether Aunty has any legal right in property ,whether she can seek for partition because she is no more the member of privious family. I need advice on behalf of my friend.
Adv.R.P.Chugh
(Expert) 22 August 2012
1. Aunt is not a member of the coparcenory though she was a part of joint family.
2. When Uncle died his Undivided Coparcenory Interest i.e his interest in joint family property devolved on his class I legal heir - his widow. Hence Aunt's interest is vested.
3. If afterwards widow marries somebody else - merely because of that her interest is not lost - she can still ask for a partition for her share to be culled out.
