Regarding the partition of the property Regarding the partition of the property

3 years ago

Hello Sir/ Madam,
In my case we are the Hindu undivided family but living separately in different locations in the same city. i'm the eldest daughter among my siblings (2 brothers ) . i'm 51 years old i'm married living with my husband and son. Both my parents are still alive. My parents are living with my younger brother in there house and my older brother is living in another house .
my father is not taking care of my mother and he is against me and my elder brother . he is not agreeing to divide the property among all the children . he is threatening that he will write a will or a gift deed of all his property to my younger brother and his sons.
me being the only daughter , i have not received anything from my parents after marriage till now. i got married in 1991 .
one more incident is around 4.5 acre land thats in my fathers name was given to joint venture for building an apartment in 2005 in which my name is not included in the family tree thats is given my sub register and in that around 35 flats are sold without my permission
my questions here are
1). Can i file a partition suit & will i get an equal share in every thing
2). Will i or my son is eligible to have share in my fathers self acquired & ancestral property
3). Will my mother get any share if she decides not to stay with my father
4) isn't it a forgery of skipping my name in the family tree at the time of giving the property on a joint venture without my knowledge
I REQUEST you to please help me i'm posting this on my mothers behalf , we are in a serious problem and my youngest uncle ( mothers younger brother) is politically strong and is giving life threats . please help me. should i proceed or not .
I DON'T HAVE ANY PROPERTY PAPERS WITH ME . EVERYTHING IS BEING HELD BY MY GRAND FATHER AND MY UNCLE .
PLEASE HELP ME

Kishan Dutt Kalaskar

Responded 3 years ago

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A.During the life time of your father children cannot claim share in the self acquired property of father. Alternative say it is HUF (Hindu Unddvided Family) property and claim share. Contact on phone.
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Achintya Kr Mandal

Responded 3 years ago

A.1.Yes
2.Yes
3.Yes
4.Yes Forgery as well as Cheating

There are ways to get the details of the property even if you do not have papers. However it may take time depending on the nature and age of the property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 3 years ago

A.You have no right if any kind in the father's property and he is free to dispose and bequeath the property to any person of his choice. You are not entitled to any share in his property nor any your any permission is required by your father while dealing with property. You cannot claim partition. Your son has no independent right or right in your father's property. Your mother is entitled to claim maintenance only from your father but she also has no right in his property nor she is entitled to claim. As such there is no forgery.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 3 years ago

A.If your parents madede will deed on the name of ur brother . Ur parents having such right. You can do anything.
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