Sale of father's properties
Bharathi
(Querist) 09 March 2012
This query is : Resolved
Respected Experts.
Property:
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My dad is no more; left couple of pieces of land.
Family members:
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Mom, sisters, son(me) - all married.
Subject: One person stopping sale
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Problem:
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One sister isn't interested in selling land; reason: Why should mom get a share? Sister argues that son who is taking care of mom will get it as a gift. So, wants to either sell land without giving share to mom or wait until mother dies.
However, mom and others except that 1 sister want to sell.
Help required:
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#) Can myself and mother alone send partition notice or should we include others to have majority of people
Thank you!
M.Sheik Mohammed Ali
(Expert) 09 March 2012
in above your fact majority members consent only valid, and so you can get the majority.
Deepak Nair
(Expert) 09 March 2012
A notice to partition can be sent by anybody from the family.
Nadeem Qureshi
(Expert) 09 March 2012
Dear Bharthi
file a case for partition, the widow of the deceased has a right in his property according to Hindu Succession Act, 1956 r/w amendment 2005
feel free to call
