PARENTS DIED WITHOUT WILL.
IT IS MY WIFE'S CASE AND SEEK YOUR GUIDANCE. My father and mother in laws died 20 years back without making a WILL. She has 2 elder sisters and 4 younger brothers. The property including ancestral worth as on date morethan 20 crores. Her brothers in all 4 managing all these without any help to their other last 2 brothers and 3 sisters and eating the money both business and agriculture without any share to the other 5.
Out of 4 bros. the 3rd is a widower with mental imbalance. The 4th got married from a poor family girl and his only son is studying in an engineering college at bangalore.
The first sister aged 68 years has also lost her husband some 5 years back. The first 2 bros. got her signature in a RELEASE DEED and got regd. in SRO, Chinnamanur TN but paid nothing. The 2nd sister was paid 20 lacs and did the same as no.1. The 3rd sister (my wife) wants her 1/7 th share of the property but her bros. refuses to have a PARTITION DEED. Since they refused she even went to the extent of removing her name from t
he HEIRSHIP and refused to sign.What she can do now??? more
Out of 4 bros. the 3rd is a widower with mental imbalance. The 4th got married from a poor family girl and his only son is studying in an engineering college at bangalore.
The first sister aged 68 years has also lost her husband some 5 years back. The first 2 bros. got her signature in a RELEASE DEED and got regd. in SRO, Chinnamanur TN but paid nothing. The 2nd sister was paid 20 lacs and did the same as no.1. The 3rd sister (my wife) wants her 1/7 th share of the property but her bros. refuses to have a PARTITION DEED. Since they refused she even went to the extent of removing her name from t
he HEIRSHIP and refused to sign.What she can do now??? more
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There are clear Verdicts of SC - giving very clear right to daughters as well. Either you can have Suit for Partition. more
Dec 21
So far as Tamil Nadu is concerned,daughters married prior to 25.03.1989 on which date the Hindu Succession(Tamil Nadu Amendment) Act 1989 came to force, will not have equal rights with the sons in the ancestral properties but all the sons will have equal rights. This dispute can be settled by a civil court only and not be other fora. more
Dec 20
1. I also confirm and conclude the version of Sri Mohit Pandey . 2. Since Father of 4 sons died before 1995 , the property vested on his 4 Sons only . [ Since the property situated in Tamilnadu , that State Act if different from the central Act , is to be taken care of ] . 3. In the long continued practice in majority , there has been a process of Oral partition of such properties and is valid by Registrations too . If the issue reaches court on any dispute , then only there will be the process of legal heirs and conclusion of legitimate division . 4. Since the 4 Sons got the signature of eldersister and Registered a deed relinquishing her right over the property , its public copy duly signed by the Registrar , will support the cause of concluding the non Oral partition of the property . In this issue only , the 2005 amendment Act will qualify the Female for the rights under the Act . more
Dec 19
