Partition of property

Manikanta (Querist) 24 February 2023 This query is : Resolved
My mother Property(house + vacant site) which is in posession of my sister , my sister is trying to alterations and repairs to existing house without our concern as it belongs to all legal heirs as my mother expired without leaving any will.
How to stop alterations or repairs before partition without filing partition suit.

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When a mother passes away without a will, her property is shared equally among legal heirs. If one sibling is making alterations to the jointly owned property without the consent of other heirs, it's crucial to address this. While amicable discussion is the best first step, if that fails, legal action like a partition suit may be necessary to protect your rights and prevent unauthorised changes before the property is officially divided.

kavksatyanarayana (Expert) 24 February 2023
Only two options, you amicably settle this with your sister as she is also having right over the property, or file a partition suit.

Manikanta (Querist) 24 February 2023
Dear sir Is forcible intervention to stop repairs is advisable, as i was also having equal rights , and also presently I was not in posession can I enter into the property before partition

Manikanta (Querist) 24 February 2023
.Dear sir Is forcible intervention to stop repairs is advisable, as i was also having equal rights , and also presently I was not in posession can I enter into the property before partition

kavksatyanarayana (Expert) 24 February 2023
Only amicably discuss with your sister if not agreed go for a partition suit. You can enter into the property as you are also having equal rights.

Dr J C Vashista (Expert) 25 February 2023
Very well analysed, opined and advised by learned senior expert Kavksatyanarayana, I endorse.
You have equal share, right, interest and claim in the intestate property left behind by deceased mother.
Take legal or illegal action to take your share, if she do not agree for amicable settlement.

Advocate Bhartesh goyal (Expert) 25 February 2023
I too endorse the views expressed by learned experts.

Sudhir Kumar, Advocate (Expert) 28 February 2023
You may win partition suit. You can even get injuction against alteration.

But relationship lost is permanent and inheritable and also much costlier than the property.

Amicable solution is the best.

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