Father's property partion related question. - please help
shynu
(Querist) 06 May 2016
This query is : Resolved
Hi sir/Madam,
I am from Kerala state. My question: father's property (Father expired 7 years back)partition related. We are a family of 2 sons, 1 daughter and Mother. (4 members)
1 son and 1 daughter and mother wish the partition of father's property now. But 1 son not agreeing and not interested for partition. He says, he will only agree for partition after mothers life.
This made us very difficult situation. Out of 4 members , 1 member is not allowing the partition. Mother also wish to get her part, she can use her property for her treatment.
1. What is the solution to get Partition for Fathers property.
any rule, which support.?
How long time it will take, if we move through Court? and what are the procedures?
Please help.
Kind regards
SHynu
Kumar Doab
(Expert) 06 May 2016
Which personal law applies to deceased owner e.g Hindu Succession Laws?
In any case any of the the legal heirs can submit the death certificate and legal heir certificate to the authority under whose jurisdiction the property falls, for updation of inheritance in mutation record.
They may get mutation record thereafter (Fard).
The son's inner wishes does not matter for Virasat Ka Intkaal..
P. Venu
(Expert) 07 May 2016
Yes, you can file a suit for partition. The preliminary decree may take an year or two. However, before that the court will explore the possibility of a settlement.
Rajendra K Goyal
(Expert) 07 May 2016
Your mother can sell / gift / mortgage / bequeath a will for her undivided share in the property if partition has not been agreed.
You can file partition suit in the court.
