Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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sadeesh (     25 January 2010

Regarding dispute on legally-partitioned property

I need some clarification regarding the following dispute.
Two brothers B1 and B2, married, living with their families separately.
B2 who is younger, mentally affected 2 years soon after his marriage.
Father's land assets were properly partitioned among two brothers and legally documented by the year 1995, by their father. B2's wife sold some part of B2's partition land few years back. Today, B1's land asset has higher value today than B2's. So, B2's wife decided to get a share in B1's land. She decided to file a case in court, that B1, B2's father has cheated his mentally affected son B2(her husband) and contributed greater beneficiary share to B1 (and this is not true) and they need a share in B1's land asset. She has even approached some hospitals to produce fake proofs, to show him that her husband is mentally affected. Now the father of two sons, is worried and confused. Kindly help me in getting some clarification regarding this case and some advices from great legal experts from our nation, on approaching this dispute.
Thanks in advance,


 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 January 2010

Neither B2 of his wife has got any legal right to claim any part of the self acquired properties of father of B1 and B2 during his life time. If such wise person has partitioned his property during his life time among its both sons, it is his greatness and no one can pressurise him to allot any particular land to any particular son. The wife of B2 has already sold some of the share out of the property partitioned in favour of her husband so she has got no legal right to raise any objection at any stage as you anticipate in your quarry.


Legally B2 or her wife has no case in their favour even though they may obtain some of the certificates qua his mental disorder. Father is fully empowered to make partition of his self acquired properties as per his sweet will and wishes.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 January 2010

Father is fully empowered to manage his property, partition it among its legal heirs during his life time as per his wishes and whims. No one can force him legally to do this or that way. The efforts of B2 or his wife can not change this law. So do not become worry. Even though she accepting partitioned share has sold some of its portion even then she cannot raise any objection at any later stage.

1 Like

sadeesh (     26 January 2010

Thanks for your reply, sir

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