Family partition of property
Satish
(Querist) 10 June 2013
This query is : Resolved
Sir,
My mother 85 years old is the owner of the immovable landed property which is self acquired and in her name since 40 to 45 years and lives on the rental income of the said property. My elder brother has filed partition suit claiming his Share. My mother has given me my share as a gift deed in the year 2005. MY mother is still alive. Now my another sister is also claiming her share as per new amended succession act 2005. Mother is not willing to give any share to them. Now the question is whether my brothers and sisters are eligible and entitled for their share in the property? And thus depriving her own lively hood. And she intends to give some of the share to my another brother by gift deed. Whether this gift deed will stand in law. Please guide.
Yours Satish.
Rajeev Kumar
(Expert) 11 June 2013
Since it is the selfacquired property of your mother. She have full right to dispose it to anyone as per as her wishes and she can transfer her property to anyone by any mode according to her wishes. Your brother and sister have no right to claim their share in the property against her wishes. Tell you mother to appear in partition suit and prove that their claim in her selfacquired property is invalid and bad in law and their partition suit in that property will be dismissed.
Rajeev Kumar
(Expert) 11 June 2013
Since it is the selfacquired property of your mother. She have full right to dispose it to anyone as per as her wishes and she can transfer her property to anyone by any mode according to her wishes. Your brother and sister have no right to claim their share in the property against her wishes. Tell you mother to appear in partition suit and prove that their claim in her selfacquired property is invalid and bad in law and their partition suit in that property will be dismissed.
Rajendra K Goyal
(Expert) 11 June 2013
Property is self acquired by your mother, Your brother and sister have no right during her life time. after her, if she makes no gift, no will or no sale of the property they can claim.
Sudhir Kumar, Advocate
(Expert) 11 June 2013
