Amitava Roy 21 March 2017

Can the property be partitioned in the changing scenario?

Respected Sir / Madam,

With due respect, I would like to ask the expert panel of lawyer's here in this forum, the following questions with solutions ?

1. We are two brother's. I am the youger one. My elder brother got married in 1998 and having a daughter who is studying "ELECTRICAL ENGINEERING" now.

2. My SISTER IN LAW (Bhaviji) and NIECE (Elder brother's daughter) has been living together with us for last 19 year's since her marriage! Elder brother doesn't give a single pie to his own family and us at all! He is totally careless about us though his contact number is available with me!

3. We lost our father in 2005. Mother is still alive of 75+ Yrs of age now and getting pension of ORDNANCE FACTORY BOARD as father was working in defense. She is also getting medical benefit from C.G.H.S.(CENTRAL GOVT. HEALTH SCHEME).

4. Father has not written any will or not written to my mother's name as well.

5. My elder brother suddenly left our house at least 4 year's back without intimating us at all. Later on we came to know that he has been living and working with a woman living in Mumbari and she has also a bit criminal offense to capture other's property illegally. That lady having two daughter's as well and separate from her husband now for last few year's and I came to know this much prior my elder brother left our house?

6. I am of 44 Yrs. of age now and running a small mobile repairing shop and still unmarried.

7. Mother has been undergoing medical treatment for last 18 year's at least and it's still on. I myself and sister in law (Bhaviji) taking care of her all round? My personal business is also getting hampered following the present condition in our family?

8. In the recent verdict passed in Kolkata High Court regarding torture or any sort of mental harrassment and ignorance / mis-behaviour by the son to his parent's shall not claim any share of his perent's property.

Now, under the above circumstances, can he be driven out from existing property legally ?

Thanking you.

Warm Regards,

Amitava Roy.

Reply Follow

7 Replies

Kumar Doab (FIN) 21 March 2017

It is believed that you are HIndu.

Confirm!

Kumar Doab (FIN) 21 March 2017

You have not posted: Who is the owner of property or title is in whose name: Father?

Amitava Roy 21 March 2017

Originally posted by : Kumar Doab
	It is believed that you are HIndu. Confirm!

Yes , I am Hindu.

Amitava Roy 21 March 2017

Originally posted by : Kumar Doab
	You have not posted: Who is the owner of property or title is in whose name: Father?

Yes, as per the "DALIL" , the owner's name is still my father.

Amitava Roy 24 March 2017

Can I expect a clear reply, sir ?

Kumar Doab (FIN) 24 March 2017

Originally posted by : Amitava Roy

Respected Sir / Madam,

With due respect, I would like to ask the expert panel of lawyer's here in this forum, the following questions with solutions ?

8. In the recent verdict passed in Kolkata High Court regarding torture or any sort of mental harrassment and ignorance / mis-behaviour by the son to his parent's shall not claim any share of his perent's property.

Now, under the above circumstances, can he be driven out from existing property legally ?

Thanking you.

Warm Regards,

Amitava Roy.

Yes, as per the "DALIL" , the owner's name is still my father.

The Dayabhaga School neither accords a right by birth nor by survivorship though a joint family and joint property is recognized. It lays down only one mode of succession and the same rules of inheritance apply whether the family is divided or undivided and whether the property is ancestral or self-acquired.

Neither sons nor daughters become coparceners at birth nor do they have rights in the family property during their father’s lifetime. However, on his death, they inherit as tenants-in-common.