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Vijay (System Engineer)     19 June 2021

Property partition issue

Hi Sir/Madam,

This is regarding my property partition issue.

We have few property in our native. Right now my mom, me and myself are their legal heir for those.

Just wanted to give overview that those are all earned by my father. My father passed away before 7 years.

My parents spend about 15 lakhs for my marriage. Later after my marriage was unsuccessful my brother and mom started abusing me saying we have spent 10 lakhs(even though it was merely 5 lakhs only) and for unsuccessful marriage 10 lakhs as alimony, even though i have earned and given them almost near to 9 lakhs as they started abusing me that we lost all property because of you. Finally i found a girl and made my mom/brother to convince as an arranged marriage. Later after that within 6 months by brother used my wife to make his love marriage as an arranged marriage in a simple manner even though we told to held it a grand manner.

Later after my brother married my brother/his wife and my mom started showing their real face against us by not giving any share in their property, and beyond this since my brother was jobless he sold one plot and got 18 lakhs and don’t know in which he way vanished all those moneys.

Currently i have two kids when i started asking for equal partition in that money they are not giving me equal share even though there was a commercial building(about 9 shops are there) which is under my name and due to my mom and brother poor maintenance we are getting only 28K per month and in that they are not ready to give 14k share, before i go and buy rent my brother collect all the rents.

Below is the property’s which we have

Commercial building - 2 Cr which is under my name

2BHK house with ground floor where myself occupied in downstairs and in upstairs my mom, brother and his wife occupied - costs 77 Lakhs

Empty plot cost 52 lakhs and 35 lakhs which is under my mother name

Plot sold by brother - 18 lakhs(4 years before), mom sold one plot cost around 6 lakhs(6 years before) even though i didn't object during that time and didn’t get single rupee from that.

We had a talk with our relatives where everyone support my brother/mom and when i asked about 18+6+6 lakhs(for selling one more plot) they are saying don’t ask about those things as we have spent 15 lakhs in your marriage and currently also they own all the above mentioned property document with them and they are not ready to even given xerox copy of those documents which has to be partitioned.

If they are not ready to give those xerox copies of document can i lodge the complaint against them in police or do i need to go to respective government office and collect the copy since i don’t have the survey number for those places.

Please advise if my mom may go and write all the property under my brother name(since rest all property are under her name), that’s my fear and if they do so what I can do.

Thanks in advance for paying attention on my above queries in patience and providing suggestions

Thanks,

Vijay



 1 Replies

Vasundhara Singh (Student)     23 June 2021

 Hello!  

According to Hindu partition laws, the property of a deceased male who dies without a will be governed under Hindu Succession Act, 1956. According to Section 10 of the Act. The property will be divided among the heirs of first Class that are the widow, mother, and children of the deceased male. In your case, whatever property was left behind your father will be equally distributed among you, your brother, and your mother.  

You have mentioned that two properties were sold by your mother and brother without your consent and you have not received any share from the proceedings of the sale. If you can prove that both the properties were under your father’s name, then you will have equal claim on them as your mother and brother and hence they have no right to sell them without your consent. You can file the suit at civil court against the sale and claim back your share in the property.  

It has also been mentioned that the commercial property is in your name, therefore you will have the absolute ownership of the property and the rent accrued from the property will be your income. To recover the rent, you can file a declaration suit before the civil court praying the court to order your rights over the property and income accrued from it.  

The properties in your mother’s name will be her self-acquired property unless you can prove that the property was bought by your father from a known source. If you can prove so, then you and your brother will have right over the property and she cannot write the property in your brother’s name. The house under your family’s possession will also be entitled to your family in equal shares.  

Regards  

Vasundhara Singh  


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