Partitions

Chetan Pardakhe (Querist) 24 June 2012 This query is : Resolved
That X had received the property from his father by way of partition.
The wife and son of X is living seperately since 1990. There are proceedings filed against X u/s 125 CrPC and DV Act by his wife and son. During that proceedings X had sold the part of Agril. Land to third person in 3/6/2009.

My Query – Whether the son of X can entitle for partition OR wife of X has any remedy for share in her husband’s property during the lifetime of her husband.

Pls reply with relevant provisions and judgments.

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Khaleel Ahmed Mohammed (Expert) 24 June 2012
First X have to pay maintenance amount to his wife and son as per the order of the court. If he fails to pay the maintenance amount, the property will be attached.The son of X can file partition of the property as the property is inherited.If the son is minor her mother can represent him in the court as natural guardian.

Rajeev Kumar (Expert) 24 June 2012
Yes Mr. Khaeel has rightly replied the query and no more addition needed.

JANAK RAJ VATSA (Expert) 25 June 2012
rightly answered.nothing to add

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