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property sharing

(Querist) 03 October 2008 This query is : Resolved 
My mother has 4 brothers,and her mother is alive,my mother live on her fathers property for past 25 years, now her brothers dont want to give a share, so they are planing to share the property among them self, without my mothers knowledge, they are planing to write the house which my mother lives on to ealder brothers name,

is it possible to do like this ? if yes how to stop doing like this, without giving a share to my mother.

Regards
Ram
ARVIND JAIN (Expert) 03 October 2008
your mother may file a suit for partition and get her share.infact she is entitled to 1/6 th share in the property.
RAKHI BUDHIRAJA ADVOCATE (Expert) 03 October 2008
I also agree with Mr. Arvind
GOPI KRISHNA (Expert) 03 October 2008
i do agree with Mr Arvind
Rasik Dagli (Expert) 04 October 2008
It is important to know whrther the property was ansestral property or was a self acquired property of the father. whether father has made any will?. If not, than mother will get 1/5 th share in the property if father is not alive. She will have to file suit for partition.However, if the house is a dwelling house it can not be partitioned by meats and bounds as per the provisions of Transfer of Property Act, but she will get 1/5 th share of the value of the property.


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