Partition suit.

Naveen Kanth Dasari (Querist) 18 June 2018 This query is : Resolved
Hello Experts,
A mother purchased a residential property in 1980 out of her husband's earning and still the mother is alive and the couple have 7 children, however the eldest son wants to file a partition suit as mother with the instigation of her other children is trying to alienate the property. My query is can a suit for partition be filed as the owner of the property is alive or any other suit which can be filed to stop the alienation of the suit property.
Plz need some suggestions.
Thank You.

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Vijay Raj Mahajan (Expert) 18 June 2018
No. The suit for partition can only be filled for ancestral or copacenary property for Hindus not for the self acquired property whose owner is still alive. After the death of the owner the legal heirs can seek partition of the property through court or out of court settlement.

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Ms.Usha Kapoor (Expert) 18 June 2018
Agree with Vijay Raj Mahajan.

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Kumar Doab (Expert) 18 June 2018
Which personal law applies in your case?
Are all involved Hindu?
The said property is say; a building?
Probably father has deceased?
Is any narration about source of funds made in agreement/sale deed etc ?

Has the deceased i.e. father left any valid WILL covering said property?

The property is in which state?
Confirm!

Kumar Doab (Expert) 18 June 2018
The property is not ancestral as per your post.
Usually Mother (parents) do not discriminate.
If possible, suitable....the differences may be creased and mother may agree to not to dispose the property in he life time or dispose equally amongst all children...

The mother being title holder can dispose in her lifetime.

K Rajasekharan (Expert) 18 June 2018
Not only that the eldest son, if he is an adult member, has no legal right to file a partition suit, but also has no right to stay in the parental home if the parents do not permit him to stay there. This is what some of the Supreme Court rulings say.

Kumar Doab (Expert) 18 June 2018
That's right..
GO thru;
Son can live in Parents house only at the mercy of his Parents, upto the time the Parents allow
http://www.lawyersclubindia.com/articles/Now-parents-can-evict-abusive-adult-children-from-their-house--8017.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup