Partition

PPBiswas (Querist) 17 December 2012 This query is : Resolved
My father built a small one-story house.He died intestate.We are trying to partition the property among his son, daughter and wife.Once partition is done son gets less than one third.
1.If son agrees to accept less than one third now while mother is alive and supports daughter, can he later claim half of mother's share after demise of mother? Would his acceptance now prevent his future claim to mother's share?
2.If mother gifts her share to daughter,can she then claim maintenance from son?
3.Can mother sell or gift her share to her daughter if the property was not inherited by her but was built by her husband out of his own income without any contribution from his wife?

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Devajyoti Barman (Expert) 17 December 2012
1. The mother can gift her share to son at an time after partition.
2. Yes
3.Yes

ajay sethi (Expert) 17 December 2012
on detah of father mother son and daughter would have 1/3rd share . mother can bequeath her share to whom soever she pleases . mother can claim maintenance from her son

Raj Kumar Makkad (Expert) 18 December 2012
The service to mother should not be made base for property and it is not good to think over death of your mother and to get property on her demise. Anyway, you query already gets resolved.

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