Hello All,
We need clarity on property partition.
Mr.Munisamy owned two big houses and a commercial shop in 1935. He had two sons and two daughters by name Mr Ranga, Mr Eswar, Mrs Ganga and MrsThulasi. All got married when he was alive. At the time of his death the property was undivided and left out as it was. After his death both Mr.Ranga and Mr Eswar framed a council of some elders belonged to their community
Under the recommendations of the council the property was divided. The proper documents prepared seperately against their names and got registration in their native registration office. The female persons Mrs Ganga and Mrs Thulasi were left out in the partition. The partitioned registration was performed in 1947 after the petition the two brothers Mr.Ranga and Mr.Eswar lived separately in their owned property.
Mr.Eswar received old and under construction buildings as his share. He converted a portion of the buildings into two commercial shops. In 1950 he bought a small house by the side of his own building and registered it in the name of his wife, Mrs.Kasthuri. He maintained his buildings, by paying the municipal house tax, water tax, electricity bills in his names from his own earnings. In 1972 he renovated and reconstructed his buildings from his own earnings. At this time he performed marriage to his eldest son only. Mr Eswar has seven sons and three daughters. All his sons lived in single family. He performed marriages to all his wards from his own earnings. All the sons except the two are in govt jobs and live seperately in other towns. Some years later Mr.Eswar shared the one whole business capital among the remaining sons. The five sons and Mr.Eswar then got separated and performed separate business to their interests but lived in the undivided house in separate portions.
In April 2009 Mr.Eswar died leaving his wife, his heirs and his property in undivided. He did not say anything about the partition of his property. Now the property remains unseparated one. The sons need partition. But the wife of Mr.Eswar refuses for partition and wants the property should remain as it is until her death.
The question is:
1) How to make the partition .Is the wife of Mr.Eswar has the right to withheld the partition.
2) The sons of Mr.Eswar say that the property is ancestral and is inherited from Mr.Munisamy (the above said person), their grandfather and say that their sisters have no right to claim equal shares for them from the above said property. Are they right ?
3) Have the daughters of Mr.Eswar the right to claim equal share from the above said property (Mr.Eswar's property).
Thanks and Regards
Bangsu
