Joint Family Settlement and Division of Property
Querist :
Anonymous
(Querist) 15 April 2011
This query is : Resolved
Shri A head of the joint family business, had 4 sons and 3 married daughters and passed away in 1986 leaving no will against his self acquired properties and businesses.
All the 4 sons continued to run the business jointly till 1989 when the eldest son Sh B expired in 1989 leaving behind his wife C , son D and three married daughters. D stepped into the shoes of his father and was admitted as an equal partner in the family business by the other 3 brothers, and the joint business continued with the 3 brothers and their nephew D.
In 1991 another son of A separated from the joint family business and sought his share of the dues from the businesses which were duly paid to him except the undivided share of the joint family property of A. The joint family business then continued with three partners, while the joint family undivided properties continued to be held jointly amongst the 4 family branches of A
The joint family business were run till 1996 when a partition suit was filed in the Court by the 2nd eldest son of A seeking partition of the joint family business and the assets of the family business between the three partners. It is accepted by all that the joint family properties were self acquired by A and not ancestral in nature.
The suit was contested till 2010 when a partial settlement was arrived at between the four groups.
All the three living sons of A along with their nephew D (son of late B who was the eldest son of A) agreed to divide the joint family properties of late A amongst them selves. Smt C the widow of late B and mother of D was also one of the signatories to the family settlement deed.
Now Smt C under influence of her married daughters is claiming her share in the property despite relinquishing her right through the settlement deed in favor of her son D last year
So the queries are:
1. What are the rights of C, the widowed daughter in law of A on his self acquired property ?
2. What are the rights of the married grand daughters of A on his self acquired property ( They got married long before his death)
3. Can C challenge the family settlement entered into in 2010 and ask for a separate share for her self and her daughters ?
R.Ramachandran
(Expert) 16 April 2011
The matter is quite simply. The partition does not concern the partnership business - which is separate - and on dissolution of the partnership the distribution will take place only amongst the partners and no one else. Therefore this aspect is not an issue.
Now coming to the self acquired properties of 'A', who died intestate:
The same will go by way of inheritance in equal share amongst all his class-I heirs - namely his widow, son(s) and daughter(s).
If the division had not taken place, and if the widow (wife of 'A') had also died in the meanwhile without leaving any WILL or gift deed, then the entire properties of 'A' will have to be divided in equal share between the son(s) and daughter(s) of A.
If the partition of 'A' properties had taken place equally in the above said manner, and 'B''s portion had been given, then the B's heirs (his wife 'C', son(s) and daughter(s)) have to get their shares from that PORTION alone and they cannot get any separate share from 'A''s properties. C or any other grand child of 'A' cannot lay any separate claim. In any case, being the self-acquired property of 'A' (not an ancestral property), only the first line decendants (i.e. son(s) and daughter(s) of 'A' have a right to claim a share in the property, and such property is again a personal property of such son(s) and daughter(s) of 'A', and the grand children of 'A' can have no claim whatsoever, even from their respective father(s) and mother(s))
Querist :
Anonymous
(Querist) 17 April 2011
Here A's self acquired property is being divided after his death, and even after the death of B the eldest son of A.
A had 4 sons and 3 daughters. The 3 daughters are not asking for their share of A's property and hence the assets are being divided amongst the 4 branches of A's sons families which also includes B's family as he was the eldest son.
C the widow of B and D the son of the late son of B are both contesting the right over
the 25% share of B in A's properties ( A had 4 sons and 3 daughters. All the 3 daughters have given up their share to the 4 brothers willingly and hence the division of A's properties has been done in 4 parts ...1 part each for each son)
