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Anil pattnaik (Proprietor)     09 October 2010

Legal heirs

My father expired one year ago. My mother is alive and I have 3 married sisters. There was self acquired land property in my father's name which we divided by registered partition deed. There is also a land property in my mother's name purchased 30 years ago (purchased from father's money although this point is not mentioned in sale deed) and a land property in my name, which was purchased when I was a minor(purchased from father's money although not mentioned in sale deed). My sisters are now claiming that because the properties were puchased from father's money, they are also the legal heirs of that both properties and want to make a partition deed for its division although the land properties stands in my and my mother's name. Can they claim for partition of that properties and can we do partition deed for that? I and my mother accept that property was purchased from father's money and are ready for partition with sisters. But will it be legal?



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     09 October 2010

It is legal. If you and your mother are ready for giving share to the sisters then, there is no problem at all.  A joint family property can be purchased in the name of any member, if you all accept this fact and are ready for partition then you can do it.en

ESTHERPRIYA (Practising Advocate)     09 October 2010

You can paritition the property by stating all these development in recitals it is legally valid.

G. ARAVINTHAN (Legal Consultant / Solicitor)     09 October 2010

When you and your mother accepting the properties are acquired by your father, then you can very well go for a partition deed.

That is legal and there will not be any problem in the property.

jyotirmaya behera (advocate)     10 October 2010

you already accept that those proporty r yours & yours mother name but that proporty purchased by your father that means that property also yours fathers. so its batter to partition without any argument nor its may create more problem.


(Guest)

Yes ,I agree with Adv Archana madam,

As you said that land property in my name, which was purchased when I was a minor(purchased from father's money although not mentioned in sale deed). My sisters are now claiming that because the properties were puchased from father's money.thats why she asks the share .Accept this fact and give their share otherwise they file  a civil suit for partition.


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