Shalini (Manager) 13 June 2013

Property partition

Hello Sir,

My query is can a widow mother deny division of her husbands property amongst the children? Does she hold the right to restrict the division of property in anyway?

Please advise.

Thank you.

Regards,

Shalini

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 13 June 2013

No. Children have equal share along with their mother in their father's property. The mother cannot deny partition if the children wants their shares seperated

Rajeev Kumar (Lawyer/Advocate) 13 June 2013

Dear salini, If the property is the selfacquired property of your father and your father died inteste then your widow mother can't restrict for the division of property among legal heirs. In case the property is ancestral then your widow mother can't restrict for the division of property among legal heirs too except taking her own share. If you are so aggrieved then file a partion suit in court.