Partition of Hindu Joint Family
Situation : Background:
(a) 4 real brothers setup a real estate “JOINT BUSINESS”.
(b) Three of the brothers (“OTHER BROTHERS”) have kids with at least one son. The fourth brother (let us call him “BROTHER X ”) has no sons, but 5 daughters. BROTHER X falls ill and subsequently passes away in the year 2002.
(c) OTHER BROTHERS have now retired and the JOINT BUSINESS is now managed by the next generation (i.e. the sons of the OTHER BROTHERS).
(d) After BROTHER X’s death, his spouse is not getting any income from the JOINT BUSINESS.
(e) Understanding of ownership and share, is NOT documented in writing through any legal documentation.
1. Does BROTHER X’s spouse or married daughters have any legal right of ownership of JOINT BUSINESS OR on ASSETS of the JOINT BUSINESS OR on income from the JOINT BUSINESS?
2. If the answer to either (a) or (b) above is YES, please indicate what actions need to be undertaken by the surviving members of BROTHER X’s family (i.e by his spouse and married daughters) to obtain their legal entitlement.
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