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saurabh goswami (engineer)     11 January 2011

property

Hi

My Grandfather ( Mother's Father ) with his own labour and finance created a brick factory in west bengal.

he had 2 sons and 1 daughter(my mother)and a wife(my grandmother).he passed away in 1992.At that time the houses that he had in his name were mutually divided among the 2 brothers and 1 daughter.( 1 house each). For the brick factory a mutual agreement was made since the eldest son had no proffession as such and the younger brother being a doctor and the daughter being married and the wife being not able to carry out business due to age and incompetency.It was agreed mutually by all parties concerned that the eldest brother would take care of the brick factory (power of attorney given)and would give a certain portion of income to all party conerned.As the relationship between the sons and daughters and the widowed wife was good,many a times when profit was not distributed the matter was not raised.slowly this became a habit but not to damage relations the issue was neglected.

Now in 2009 the eldest son (power of attorney holder) passed away.survived by widowed wife.

all other party are surviving namely younger son,daughter(now widowed),and widowed wife(my grandmother).

the question in my mind is does my mother stand to get a sahre in my grandfather's property?

does my mother stand to get a share in my living grandmother's property? can my mother ask for partition?

it has come to our attention that after the power of attorney holder passsed away his wife clandestinely sold bricks to third party,

what are the steps needed to be taken?

please guide.................
 



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 2 Replies

niranjan (civil practice)     11 January 2011

Your mother can file the suit for partition in your GF's property.You all are joint owners  of the factory so you can also take action against your uncle's widow.

saurabh goswami (engineer)     12 January 2011

thanks for the advice Mr. Niranjan


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