She has struggled to live and has had no maintenance assistance from her kids who were more than able to provide for her but did not want to due to their own selfish ways. Her husband has a farm that she now toils alone. Before the husband died he would tell her often that all his property will be hers if he were to die. The kids have never been interested in the farm, until that is they hear rumors that it is worth a lot of money. Now they want to claim their share according to Hindu Act and want their mother to sell the land so they can profit from it. There was no will by her husband, the father, but at the time of his death noone wanted a share and only the mother's name was registered as owner of farm. She has another small piece of land that has little value and a house of little value. Both were in her husband's name until he died. None of the kids want to claim a share of this property since there is little to be gained for themselves.
What rights does the mother have?
Answer:
The provision of the Hindu Succession Act,1956 comes into play if these children had seeked succession of the property of the deceased whom you say died intestate i.e. died without making any will. Here I want to point out there is no particular form of will it can be both oral or written if it has been made by any person who is of the age of majority , was not suffering from any mental illness or disorder %26 he made such a will without any force or fraud. If there exit any person before him/her such will was made even orally for the benefit of his wife this will be sufficient to fulfill the provision of law %26 get such a will probated accordingly. In this case you also state that now the farm/land that was owned by the deceased has been registered in the name of this lady the widow of the deceased, hence she is now the owner of this farm/land %26 no one can challenge it now as these children never came to claim its share when this registration was carried on, the refusal on their part to own or get share part of this land can always be questioned now. As far another small piece of land %26 a house is concerned the children can claim their share according to the Hindu succession Act, but for this both these properties will be sold %26 their share will be distributed equally to them along with their mother who still get 1/5 share out of which. But if there exist any will even though an oral will regarding these properties too as I mentioned above, then this property wholly goes to this lady widow of the deceased. As far seeking maitenance from her children is concerned she can do so under section 125 of the criminal code, but the maximun amount she can get under this provision will be mere Rs500/- per month, the value of the land/farm %26 other propeties where as must be in Lakhs or crores of rupees.
Lady for one you have some lousy kids Sell the land and move far away from your kids,without telling them your forwarding address
As far as I know and from a personal experience, if the farm is was purchased from the hard earned money of the lady's husband, that is, if it is not inherited, then the lady's sons dont have any claim on the property and it belongs only to the lady, even if it was in the husband's name, according to our law.
She should make a will bequeathing the whole property in their name and let them have it, instead of it going to the govt. later. As she is also 75, she should make a will soon.
Under Hindu law, oral gift is not allowed but oral partition is recognised. In this case no proof of partition exists. For the estate of a Hindu male dying intestate, all Class I heirs, have equal share. So, with respect to the self-acquired property: the widow has got 1/5 share only. With respect to any ancestral properties, i.e.property inherited by the deceased from his father (self-acquired as well as ancestral), the Hindu co-parceneary law applies, unless the State in which the property is situated has brought in any amendments to the Hindu Succession Act, allowing daughters to have share, only male descendents of the deceased constitute coiparcenerary. The shares would be as follows: If, during the lifetime of the deceased, a partition had taken place, the deceased would have got 1/3 share. This notional share of his alone can be shared by all the five, the remaining 2/3 share going to the sons. Thus, for ancestral property, the shares would be: The widow of the deceased: 1/15 ; daughters: 1/15 each. Sons : 2/5 each. Practically, nobody can compell any other co-sharer to sell away any property, except by an order of the court. So, all of them should come to a mutual understanding and prepare a joint memorandum of understanding of private partition under Hindu law, and submit the same to the revenue authorities, for splitting the patta and khata, obtain individual mutation orders, pay tax, and update their respective records . If disputes persist, they can by mutual agreement, appoint an arbitrator, under the Arbitrator and conciliation Act 1996, and submit the issue of partition. The third one is to approach the civil court of competent jurisdiction, for partition.
As for the other issues are concerned, they are irrelevant to the issue of property partition. However, if the lady, in the meanwhile, is in need of maintenance, she can file a case under section 125 of the Criminal Procedure Code, against all the four of her children or any of them, depending upon the paying capacity. But care,concern,love, lokking after in old age etc are concepts which are not legally enforceable by any court of law and if extinct in the psyche of the children, the mother has to put up with the ground reality, turn stoic and spend the remainder of her lkife in the best possible manner, as she is capable of and willing, but not sulk,decay and atrophy.
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