Property partition options
Rajeev Singh
(Querist) 12 April 2023
This query is : Resolved
One of my close friend family run into family quarrel and dispute in home. They are quarreling frequently over saas-bahu-bhai-bhatija etc. My friend is fed up with these frequent quarrel. He is three siblings He, his elder brother ( Settled outside India) and his elder sister. All are married. His father expired in early 90s as surgeon and mother is getting pension. They have house in urban area worth over 70lakh and ancetral property in village worth 20lakh. His elder brother invested 5 lakhs in construction through sending money to his mother and his joint account in past. His mother is residing with my friend but treating him as a servant because he is doing nothing on his own only taking care of property and generating income through property and generated income always deposited by depositors to his mother close aide , his mama ji. Now, he is married since 4 years and wants a child and require money for medical treatment but his family not allowing any financial support. He is feeling depressed and wants a partition in property.
In above case, mother demanded to partition into 3 section , 1 for him, 1 for his brother and 1 for herself. Typically partition is done after both parents death and bothers have share in society and sisters do not. But his mother is more close to his sister supporting her time to time. His elder brother also demanding 5 lakhs investment done in house of 30lakh in construction from family pension and village. He wants to know if property can be partition between only two brothers. Weather during partition his elder brother investment considered.
kavksatyanarayana
(Expert) 12 April 2023
They shall mutually decide whether the investment amounts incurred by anyone may be deducted at the time of partition. Their sister has also the right over the properties of the parents. It is better to divide the properties with the help of the nearest relatives, well-wishers, and friends consulting a local lawyer to avoid legal complications in the future.
P. Venu
(Expert) 13 April 2023
The posting contains more of subjective opinions than facts. Please repost simple facts.
T. Kalaiselvan, Advocate
(Expert) 14 April 2023
If the property was on his father's name and he is reported to have died intestate then this property shall be divided among four people.
Your friend can file partition suit for his 1/4 share in the property with separate possession.
