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Rajesh (Business Analyst)     02 August 2014

Partition of property under my mother name

Dear Sir/Madam,

We are two brothers and a sister. Our family owns three properties, a house and two lands. All three properties were bought from the income of me my brother and father, but the properties are registered under my mother’s name (my mother is house wife).

My younger sister is married and well settled in Japan and does not want to claim anything from us.

Me and my brother are married. My brother married with a relative of our family and I married outside.

Things did not go well between my wife and my mother, I could find only one reason being she is from outside.

My father did not want to prolong the issue and wants to settle the properties among our brothers.

But since the relationship between my wife and my mother is not so good, the partition is made in favor of my younger brother and his family.

As the properties are bought by all three of us, is there a way to claim the property bought based on my income. There is no proof of the money I gave during the registration. Only proof is I worked hard for the family which every one in our locality knows.

 

And more over the properties are under my mother name.

Please advice.



Learning

 6 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     02 August 2014

Well you can challenge this partition in the court of law by filing a civil suit to reopen the partition.

Mallikarjuna Rao Tata (Advocate)     02 August 2014

file partition suit against them, showing all proofs i.e. your mother is house wife and not getting any income, all the properties purchased with the hard earned money of three

K.K.Ganguly (Advocate)     02 August 2014

1. Since there is no evidence that the property was also bought out of your income and your share in its sale price, it will be difficult for you to profve the same,

 

2. The proof that you worked hard for the family has no legal value as regards the ownership of the said property is concerned,

 

3. Do not waste your money in filing cases in this regard.

Laxmi Kant Joshi (Advocate )     02 August 2014

You cannot challenge anything your parents are not in yours favour,the property is in the name of yours mother she has all rights over it she can give it to anyone as per her wish.

T. Kalaiselvan, Advocate (Advocate)     03 August 2014

I agree with the views of Mr.Joshi that since the property is on the name of your mother, it will be a property of a female Hindu to be her absolute property.  As per the provisions of Section 14 of Hindu Succession Act, 1956, any property possessed by a female Hindu, shall be held by her as full owner thereof and not as a limited owner.  Inview of this, since the property was bought on your mother's name, neither you nor your father or anyone can stake any claim over it in any capacity legally.  Thus, if all sit together, talk and amicably settle the issues within yourselves, an arrangement can be arrived at, but you cannot exert pressure on your mother or anyone except to regret over your past mistakes of having taken things for granted.

Involve some elders of the family in the proposed talks and get things set right at the earliest before things are going beyond control.

Rajesh (Business Analyst)     04 August 2014

Based on the all your advice I think the resolution is settling the issue by every one sitting together and discussing.

But since My mother father and brother have already decided how to partition, even if there is a discussion then the outcome would be what they have decided.

So I leave it to god, parents and brother let them reap what you sow.

 

Thanks for you all your timely help and advice on this post.

Rajesh


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