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JAYDEB DEY (Director)     10 June 2015

Property partition paroblem

I am the elder son of my parent, who used to live with me until their death.Our house land is in the name of my mother. We are residing here for 30 years+ now. Now suddenly my mother died without partitioning the land. I have another brother & 4 sisters who live separately. Sisters are all married & have thier own houses also. Now what is my right on that proeprty as elder son & who accompanied the parents untill their death. It is important for me as now every one is asking for their equal share & in this way me & my family would come on road as our home would be broken for partition. Please suggest



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 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 June 2015

Sir,

 

If the house is in the mother's name, every child would have an equal share as a class 1 heir and yes the consent of everyother person is required before you get the property registered in your name.

 

Warm Regards

Kapil Chandna Adv

9899011450

1 Like

saik (hs)     11 June 2015

Is it your mother s ancestral property if so,it belongs to son and depending upon which state you are living the laws may vary too.

Sharad   03 July 2015

SIR

AGGRICTURAL LAND PROPERTY WAS ACCENTRAL  , FATHER DIED IN 1984 AFTER THAT MOTHER,3 BROTHERS,3SISTERS ALL ARE MAJOR LEGAL HEIRS(AS PER VARAS PANCHNAMA MADE BY TALATHI IN1985 ),IN THIS SITUACTION 1996 MOTHER MAKE SALE DEED & SALE ALL 28 ACRE LAND WITHOUT CONSENT, MOTHER WAS ILLITERAT (THUMB IMPRESION ON SALE DEED) ALL R LIVING SEPRATE ,RESENTLY MIDC ACCQUIR LAND THAT TIME COME TO KNOW THE SITUATION AND ALL 3 BROTHERS & 3 SISTER FILE SUIT IN LOCAL COURT IN APRIL 2015, THIS WAS IN LIMITATON OF LAW  OR THEY HAVE LEGAL   RIGHTS FOR PROPERTY PARTITION   

Sharad   16 July 2015

sir

AGGRICTURAL LAND PROPERTY WAS ACCENTRAL  ,MY FATHER DIED IN 1984 AFTER THAT MOTHER,3 BROTHERS,3SISTERS ALL ARE MAJOR LEGAL HEIRS(AS PER VARAS PANCHNAMA MADE BY TALATHI IN1985 ),IN THIS SITUACTION 1996 MOTHER MAKE SALE DEED & SALE ALL 28 ACRE LAND WITHOUT CONSENT, MOTHER WAS ILLITERAT (THUMB IMPRESION ON SALE DEED) ALL R LIVING SEPRATE ,RESENTLY MIDC ACCQUIR LAND THAT TIME COME TO KNOW THE SITUATION AND ALL 3 BROTHERS & 3 SISTER FILE SUIT IN LOCAL COURT IN APRIL 2015, THIS WAS IN LIMITATON OF LAW  OR THEY HAVE LEGAL   RIGHTS FOR PROPERTY PARTITION PLEASE REPLY  

 

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