Moot problem 2
Bharat is a successful ophthalmologist settled in New York USA. He has two brothers
Mangal and Adi and a sister Sumi. They have a old and ailing mother Leelavati. Leelavati
due to her old age, she could barely manage herself. Due to age related ill health, she
needed continuous supervison.
Managal is settled in Mumbai has his own business of Hardware and Adi is in Chennai
working for Infosys. Due to their nature of job and for the fact that both wives of Adi
and Mangal were also working, it was not possible for them take care of old ailing mother
Leelavati.
Sumi, the only daughter is a home maker and she is settled in Panjim Goa. Her husband
works as professor in a college at Panjim. Leelavati was staying at her ancestral home at
Sawantwadi. She had a old house, piece of land and two shops. Leelavati was surviving
on the income from the land and shops and she stayed at the old house.
Sumi looking at all these problems decided to take care of ailing mother by shifting her to
Panjim. Leelvati being traditionlist, she objected for staying at son in laws house. With no
other option left, Sumi decided to buy a flat near to her house in Panjim. As the cost of
the flat was too steep, Sumi decided to sell the ancestral home and Sawantwadi and buy a
new flat in Panjim in her name.
She called all three brothers, to inform her decision. Brothers from Mumbai and Chennai
agreed for the idea of selling the house at Sawantwadi. But brother from New York
didn’t agree. He opposed the idea as he had memories attached with the house, he had
feelings and emotions attached to it. Therefore, he said, he doesn’t agree for the sale of
the house.
At the same time, he agreed for sale of land and shops. But old ailing lady Leelavati didn’t
agree as they were only the source of income for her. Then finally inspite of the
opposition from Bharat, Sumi sold the ancestral house, the advocate insisted on signature
of all the sharers is required as the house is a undivided Hindu Family Property.
