ranjit (self service) 05 April 2022

Property related issues

My father in law expire several year ago, now my mother in law is more than 70 year old she having 6 sons and 3 daughters, they all are living in the property which was belong to my late father in law, there is no will made by my father in law.

Now my mother in law is going through old age related issues and bed ridden and she was look after only by my most youngest brother in law who is till bachelor. All other brothers are married and they all living in the said property with their family.

Now no one interest shown on partition of property, my mother in law desire to handover her share of property to her youngest son as he is looking after her.

Now my question to all expert - what are the procedure for partition of property - and how my mother in law took her share of property and pass on to her youngest son in her lifetime. Please advise - Thanks

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3 Replies

Palak batra 05 April 2022

Dear Querist,

Since no will was made by the father in law ideally all the legal heirs would get their respective shares including all the siblings and mother under Hindu succession act.

If the mother wants to give her share of property to the youngest son then she can do that as the property she would acquire after partition would be separate in nature. Hence, she has all the right to whatever she wishes with her share of property.

Regards,

Palak

ranjit (self service) 06 April 2022

Thanks Sir for reply, right now all the eldest sons are not interest for partition of property and they are not willing to give the share of my mother in law to her and the hard reality is that they are all waiting for her demise.

Now the question is how my mother in law can approach for partition of property and give her share to the youngest son. Please advise ----

P. Venu (Advocate) 10 April 2022

On the death of the father, the property has jointly devolved upon the mother and the children. The mother can transfer her share in the property, even if undivided, thriugh a gift deed or Will. Gift is the ideal option; the deed needs to be registered.