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Jegaraj (Legal Consultant)     05 August 2012

Right of other sons over a property of mother

Mr. A has acquired a property by way of purchase of his own source. subsequently Mr. A died in a road accident leavning behind his wife, 2 daughters and his mother Mrs. S as his legal heirs to succeed his properties. The property now in dispute is a residential house and Late Mr. A's wife, 2 unmaried daughters and his Mother Mrs. S were all residing in that house and enjoying it in common. One day the mother Mrs. S died intestate.

It may be pertinant to note that Mrs. S had some other properties also standing in her name which was purchased in her  name by her late husband, out of which she was receiving rent till her death and she has 2 other sons Mr. B and Mr. C too. Since Mr. A died Mrs. S chose to reside with the wife and daughters of Mr. A.

Now Mr.B and Mr C who are her other sons and brothers of LAte Mr. A are seeking for partition over the properties left by Mrs. S. While so they are also claiming for a share in the house left by Mr. A.

My question is whether Mr. B and Mr. C can claim any share over the independant property of Mr. A, upon whose death Mrs. S acquired 1/4 title only as a legal heir of Mr. A ?

Mr. B and C are claiming that they will each have 1/3 share over the 1/4 share of Mrs. S over the house of Late Mr. A like they have 1/3 right over the other properties of Mrs. S.

this is this only property left by Mr. A and his wife has to conduct the marriages of both the unmarried girls by selling the only property left by Mr. A. Whereas Mr. B and C are well settled but are very adament that they want the share over the property of Mr. A as stated above since this property is situated in a very valuable location.

I will have to defend for Late Mr. A's wife and 2 daughters.

Can any of our learned seniors and friends can suggest how should i deal this situation and help me out with any rulings supporting this ? 

Regards and thanks in advance.



Learning

 1 Replies

Adv. Vaishali Karloopia (lawyer)     05 August 2012

IT IS A WELL SETTLED LAW THAT PROPERTY ACQUIRED BY A COPARCENAR BY HIS LEARNING OR SKILL(GAINS OF LEARNING ACT 1930) IS HIS SEPERATE PROPERTY NO ONE EXCEPT THE LAWFUL HIERS OF PERSON CAN CLAIM A SHARE IN HIS SEPERATE PROPERTY. BECAUSE BROTHER IS NOT PREFERENTIAL HIER HE WILL NOT GET ANYTHING. THERE ARE CASELAWS ON THIS. I THINK THE MARRIAGES OF DAUGHTERS CAN BE DONE BY SELLING THE PROPERTY OF mrs S


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