Partition of land by brothers.
Querist :
Anonymous
(Querist) 04 June 2025
This query is : Resolved
Dear Sir,
We 2 brothers partitioned the land of 5 Acres after father demise, initially transferred to my mother name after 1 year partition was also done in Thahsil office with 2 acres each transferred from mother and 1 acre kept in the name of Mother for her livelyhood, but physically partitioned equally between us. Can my mother transfer the entire 1 acre to only one son, is it valid if she will do without concent of other son. Kindly provide your expert advise.
Thanking you.
kavksatyanarayana
(Expert) 04 June 2025
After the demise of your father, the land of 5 acres shall be divided into 3 equal shares. Did you suppress the fact of alive of your mother at the time of registration of the partition deed? Why did you not add her to the partition deed, though legally she has a share in the property?
T. Kalaiselvan, Advocate
(Expert) 05 June 2025
In the family partition deed, if your mother was allotted a share in the property, then she becomes an absolute owner of her share in the property.
Therefore she is entitled to alienate or transfer her rights and interests in the property in favor of the person she may choose, there is no legal infirmity in it.
Sudhir Kumar, Advocate
(Expert) 05 June 2025
You did not specify by which mode money was given and whether there was any written contract.
