Regarding the partition of the property
3 years ago
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 as, we are in a serious problem.
I DON'T HAVE ANY PROPERTY PAPERS WITH ME . EVERYTHING IS BEING HELD BY MY FATHER AND YOUNGER BROTHER
PLEASE HELP ME
Importantly: I need to know since my father is saying its my self acquired property, does he need to prove in the court about how he earned money to purchase the property since he was not a working professional that time , so does he need to show the source of income
because this property was all purchased when me, my brothers were living together and worked collectively to purchase the properties .
Swapan Mukherjee
Responded 3 years ago
Firstly, you cannot file any partition suit. Only there is very limited scope if you are governed by the 'Mitakhshra' school of law.
Secondly, No, you nor your son are entitled to get any share from your father's property which may be self-acquired or ancestral.
Third, No, she can claim maintenance from your father. According to your family status, the maintenance amount may be fixed by the competent court. If your father fails to give maintenance to your mother as per the direction of the court, then the court can attach your father's property.
Fourth, No this is not a forgery. This is very unethical, impractical.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
You can claim for a share in the property in the case of ancestral property. You can also file an objection regarding the flats and contend that you did not consent for the sale. Your mother can also ask for a share as alimony if she decides not to live with your father.
You can claim for a share in the property in the case of ancestral property. You can also file an objection regarding the flats and contend that you did not consent for the sale. Your mother can also ask for a share as alimony if she decides not to live with your father.
Legal Procedure To Move Out For Adult Female
RCR case
Separation from Sibling on a legal ground
My sister is not giving my share from our parents property
Husband denied expenses for both of us
