Our town fall under the Raebareli district of uttar pradesh. My husband use to work in state government and we built our house in the town. Also we have farming land and one shop. Shop is bought by my husband and farming land is from ancestors. Now my husband is no more, he died almost 14 years ago. Around 8 years ago my elder son does intercaste marriage against my will and his wifes parents will. His wifes parents were also not interested in this marriage and they also broke all the realtions from their daughter. My husband had given all the farming land for farming to smal, local farmers who use to give 50% crop share to us , same farming arrangement is continuing till now. After my husband's death my elder son has started keeping all the amount after selling the crop and not giving single rupee to me or even to my other two sons. I ignored this as I never wanted any dispute in the family. But now he has starting harassing me. Many time he came home drunk and started fighting and quarrelling with me. I am diabetic and BP patient. He wants to take all the property and mastermind is his wife. I want to disown him from all the properties and from the house which me and my husband built.
Please suggest what action I should take as I have a fear that he and his wife may start harassing me more. And their intention is to harass me to the death so that they can capture all the property.
11 April 2021
At the out set, you need to explore which law Hindu Successions or any personal law govern to you in respect of partition? Further, it is immaterial to the context whether you son got inter-caste marriage against the wishes of their parents in respect of your query herein. As per se, Indian succession act your son claims for the partition is lawful and i s not clear the said property comes HUF management. Even though, women kartha as you cannot manage it but male members of the family has to manage it. Now, the questions of your share, you can claim your share in your husband property to the extent of lawfully mentioned. As per your alleged query, the said son is not paying any incomes out of the property, the other share holders brothers/sisters can claim it but as sought he cannot be deny his share by you as a mother.
Disowning son from husband's property is not possible. As he is also one of the legal heirs for the husband's property and ancestral land. You and your other sons along with your elder son are the legal heirs of your husband's property. So you and your other sons can legally claim income from ancestral property. Filing partition suit is the best option for you.
11 April 2021
Yes. I agree with the learned expert's advice. And one more thing you stated that "the house built by you and your husband". Whether is it with your personal income and your husband's income or it is purchased with your name and your husband's name? However, it is better to divide the properties by all the legal heirs i.e. you and your sons, or file a partition suit in a court of law.
13 April 2021
Thanks dear shailesh, I hope once legally, I give my share to any of my son or daughter then elder son who has been troubling me can not claim anything from my portion given to my daughter or any other son. Please suggest.