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Pavan Sandur (Management Professional)     20 September 2011

Rcr-wife claiming property for child

Learned friends,

KARTA of HUF has ancestral property X, he has a wife and 2 sons.

Ancestral Property X is bifurcated by KARTA into X (a) and X (b).

Portion X (b) is sold, by KARTA  to his B-in-Law in 1978.

KARTA receives/buys the said property X (b) from his Brother in law in the following order.







X (b1)

KARTA'S B-in-Law


Registered SALE DEED


X (b2)

KARTA'S B-in-Law

KARTA'S wife

Registered SALE DEED


X (b3)

KARTA'S B-in-Law


Unregistered WILL


X (b4)

KARTA'S B-in-Law


Unregistered WILL


B-in-Law of KARTA, the executor of the unregistered will dies in 1989.

KARTA, further presents his part of the property to his wife through a registered gift deed in 1996.

KARTA’s wife now has X (b1)+ X (b2)=X (B).

KARTA’S wife and second son sell part of their property to a 3rd party through a registered sale deed in 1996

At this point, after the sale of part of X (B) and X (b4), the property available with each party is:





X (a)


Common property

X (B)-(y)


KARTA's Wife

X (b3)


KARTA's first son

X (b4)-(z)


KARTA's second son


KARTA’s sons marry on the same day in MAY 2001.

KARTA’S eldest daughter in law conceives in AUG 2001.

KARTA, his wife and sons enter into an agreement to merge all properties and further partition it to suit their needs in OCT 2001.

KARTA’s first grandchild (boy) is born MAY 2002.

KARTA and his sons face financial loss in family business, said merged property is mortgaged, unsecured loans foreclosed and finances streamlined 2003.

KARTA’s second son travels abroad for work 2003 (is away till date).  

KARTA’s eldest daughter in law voluntarily deserts her matrimonial home, citing difference of opinion with mother in law (KARTA’s wife), in AUG 2008 and

KARTA dies in SEPT 2008.

Multiple reconciliation attempts fail, eldest daughter in law ignores summons issued by legal aid in OCT 2009.

Eldest son applies for Restitution of Conjugal rights and IA for child custody in DEC 2009.

Eldest daughter in law registers an FIR against her Husband (KARTA’s first son), Mother in law (KARTA’s wife) and brother in law (KARTA’s second son),

accusing them of dowry harassment between 2003 and 2008 in DEC 2010.

Eldest daughter in law claims, SEPT 2011, alienation rights on behalf of minor son and asks for appointment of Commissioner to demarcate half of one third

of all properties belonging to KARTA by metes and bounds.


1)      Is the Commissioner empowered to demarcate divisions of property by metes and bounds and take procession of said division on behalf of the applicant?

2)      Since merged property is further bifurcated and each party has been allocated their share as per the registered partition deed, what rights does the grandson have on the other properties, other than that allocated to his father (KARTA’s first son)?

3)      Since the partition deed was entered into during the second month of pregnancy of the first daughter in law, and since there is a matrimonial dispute and alienation rights are brought into picture, what legal status does the partition deed have?

4)      What implications are there if the registered partition deed is deemed valid or invalid?

5)      If the registered partition deed is deemed valid does it imply that the share conferred upon the KARTA’s first son is as good as a self-acquired property and he shall have absolute rights on the said property?

6)      Can a WILL drawn by KARTA’s first son and KARTA’s wife clearly defining their stand, that there is no intension to alienate the property rights of the only grandson of the family, help in this matter.

I'd posted this earlier under CIVIL>OTHERS with out any response.

Please help!!!


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