Partitionsuite
itishree patnaik
(Querist) 16 September 2012
This query is : Resolved
the property is on the name of a widow age 76.
4 sons, 3 daughters
..2nd son had filed a partition suite against mother saying she dose not have source of incom sorce property is not belongs to her.
.. mother got it from her parent but no record of gift.
mother wanted to distribute among all children equally,not fighting for her rights. but 1st son and 3rd son not willing to co oporate ... instted of miuttualy settlement it has to put on the court..2nd son is a drunkad as well as an advocate so he is abussinng mother for a quick settlement,mother is ready to do so but the lengthy process is going on from 2008 .as a senior citizen can she has any way that she can stay peacefully .by restrict 2nd son. imidietlly can she get any result so that she can partition 2nd son as quick as possible.
Devajyoti Barman
(Expert) 16 September 2012
If the sons are are so worthless then why the mother is worrying so much.
Let them rot , they deserve no mercy.
Rather the mother can file case for maintenance from wither of them u/s 125 crpc or under Senior Citizens Act.
Raj Kumar Makkad
(Expert) 16 September 2012
She can move an application before the trial judge to expedite the process keeping in view her age as well as her deteriorating health condition. The court shall certainly consider it and shall try to decide the matter within a short span of time.
itishree patnaik
(Querist) 17 September 2012
Is it possible she can separate one son immediately.so that she can have peaceful life till the mater resolved.
H. S. Thukral
(Expert) 17 September 2012
If the property is in mother name how can it be partitioned by her sons/daughters. If the property was bought in her name by her parents or husband then it was for her benefit.
She can takes steps under Welfare of Parents and Senior Citizen Act in protection of her property.
itishree patnaik
(Querist) 19 September 2012
Thank u,
but in orissa this senior citizen property protection act is not implemented. and as the son is an advocate despite of senior citizen protection order police is scared of bar council even in the rank of commisioner of police,
she need immediate solution
she can not stay with the drunkard. can she remove him from her property.
