victoria (Sales executive) 11 May 2013

Property partition

Hi,

My father had a wife and two children out of her and then she died.

Then he got married to my mother and I am the only childm Now my father is no more, and my brother is demanding his share.

My mother has filed a partition suite but he is not happy with the percentage of share mentioned which is 1/8th as my mother and father had a joined property.

My mother is a cancer patient, and we want to know,

1 if he does not accepts the money, can my mother deposit his share in court?

2 we filed the case in April 2013, so if in case the case continues for long will the property rate be calculated as per the date case filed?

Please help! Thanks

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2 Replies

Manpreet Singh Sood (Managing Partner) 11 May 2013

Q 1. if he does not accepts the money, can my mother deposit his share in court?

There is no way legal u can force brother to accept the value of share which u determine and deposit in court.

Only possible way is consent between family members.

Or take case to mediation centre available in many courts and also where ur case is pending for quicker resolve if possible.

Q 2 we filed the case in April 2013, so if in case the case continues for long will the property rate be calculated as per the date case filed?

The above question is irrelevant.

Your mother will get a preliminary decree for partition of suit property of her share along with ur share and other child of ur father and ur half brother, as per ur write up.

After ur father death his half share is to be divided between ur mother u and two children of ur father’s deceased wife.