Hindu law

anuj kumar (Querist) 16 June 2012 This query is : Resolved
MY JOINT FAMILY CONSISTS OF FATHER, MOTHER AND TWO SONS. IF AT THIS MOMENT I INSTITUTE A SUIT FOR PARTITION WHETHER MY MOTHER IS ALSO ENTITLED FOR ONE SHARE INDEPENDENT OF MY FATHER.I AM FROM BIHAR kINDLY GIVE PROVISIONS IN THIS REGARD.

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M.Sheik Mohammed Ali (Expert) 16 June 2012
what about the property details ?

adv. rajeev ( rajoo ) (Expert) 16 June 2012
Yes while making partition one share should be alloted to the mother

Adv.R.P.Chugh (Expert) 16 June 2012
Yes mother would be alloted a share alongwith sons at the time of partition.

Shonee Kapoor (Expert) 16 June 2012
What are the details of the property? Is it ancestral? If so, yes one share would be allotted to mother.,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Kiran Kumar (Expert) 16 June 2012
What is the nature of the property?

the share of the mother cannot be ignored.

but you cannot force the partition of self-acquired property of living father.

R.K Nanda (Expert) 16 June 2012
Incomplete query.

Devajyoti Barman (Expert) 16 June 2012
Yes rightly advised above.

ajay sethi (Expert) 16 June 2012
answer queries raised by experts . who is the owner of the property ? is it self acquired property of father?

SAINATH DEVALLA (Expert) 16 June 2012

First tell us the source of the property,then you can have a proper remedy.

J K Agrawal (Expert) 17 June 2012
Dear Experts
What would it make any difference if the property is self acquired or it is ancestral one?

In both cases the Mother has no share until father is alive.

Mother is not necessary party at all.

M V Gupta (Expert) 18 June 2012
I agree with the view of Mr. Agarwal. In both the cases(ancestral and self acquired properties) mother will not figure as separate sharer when father is alive. However, she will have a claim in her husband's share.

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