Claim for partition
Deepak,sudhir and vidya are the son's and daughter of the late shivkumar mishra of mumbai ,born through his wife. After the death of his wife, Mr.mishra married madhuri Devi and did not have any issues through her. Mr.mishra was the absolute owner of his properties. He died in 1975 , leaving behind him his second wife , son's and daughter as his legal heirs. After the property and got the revenue and corporation records changed in her name. She Allowed deepak and sudhir(being the male members of the family) to manage and administer the properties. Both of them (sons) let out several portions of the property to different tenants and collected rents and they did not allowed their step mother to stay in the properties. Besides failing and neglecting to maintain her , they also denied the legitimate share of both madhuri and vidya and failed to account for the income derived from the same. In view of that madhuri started living with vidya. Later , madhuri and vidya request deepak and sudhir to make partition of the properties, which they denied without giving proper answer. They also sold certain portions of the property supperessing the fact that there were other legal heirs entitled to a share in it. In viewof this , madhuri and vidya filed a suit for partition and allotment of share and also demanded rendition of accounts for the rents received by deepak and sudhir . In reply deepak and sudhir filed a written statement denying all the claims made by madhuri and vidya and claimed that lot of jewels and seethana articles were given to vidya and allowed gratitious boarding and lodging to both or them in the property. So they were not entitled to claim for partition .