Partion of immovable property

shyam lal (Querist) 26 June 2023 This query is : Resolved
My wife has a share in the undivided immovable property as per unregistered family settlement
Query is while she is alive with her consent can the husband file a partion suit on her behalf.

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This discussion explores whether a husband can file a partition suit on behalf of his wife for her share in undivided immovable property, based on an unregistered family settlement. While a husband cannot claim the wife's share himself, he can file the suit if duly authorised by his wife, either through a general authorisation, a vakalatnama appointing him as advocate, or a registered Power of Attorney. The wife retains the right to file the suit herself, but can appoint her husband to represent her in court.

kavksatyanarayana (Expert) 26 June 2023
She may give her husband authorization or give vakalat to an advocate to file the case.

Advocate Bhartesh goyal (Expert) 26 June 2023
Yes, husband can file partition suit on behalf of his wife if he has been duly authorized by wife to file partition suit else not.

T. Kalaiselvan, Advocate (Expert) 27 June 2023
Husband cannot claim wife's share in the suit for partition, it is the wife who has rights can file the suit, however husband can appear before court on her behalf without any authorization letter or power of attorney deed for this purpose

Dr. J C Vashista (Expert) 27 June 2023
She may execute registered PoA in favour of her husband to file a partition suit on her behalf.

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