Mother's property not divided equally among children
vaani.kumaar@gmail.com
(Querist) 10 August 2011
This query is : Resolved
Hi ,
My granny(Paternal) and my Mother together bought 60X 40 site.My Granny has 4 females and 2 male children.I have 2 sibling one male and female.When both my granny amd mother partitioned my mother got a bigger chunk and granny smaller chuck which was given to her youngest daughter.Is this right way of partition as per the law.
Further my mother partioned her portion to me and my siblings.Now I m planning to constuct a house in my portion.Will i face problems if all of my fathers siblings file a case that the property was not allocated to them .
Thanks Experts
Vaani
R.Ramachandran
(Expert) 10 August 2011
The property in question is the personal property of your grandma and your mother.
They have every right to dispose of their respective shares in whichever way that they desire. Nobody can question that.
Therefore the answer to your queries are as under:
(1) When both my granny amd mother partitioned my mother got a bigger chunk and granny smaller chuck which was given to her youngest daughter.Is this right way of partition as per the law.
If it is their understanding about their respective share in the property, they are absolutely right. I HOPE YOUR GRANDMOTHER HAS GIVEN HER SHARE BY WAY OF REGISTERED GIFT DEED TO HER YOUNGEST DAUGHTER.
(2) my mother partioned her portion to me and my siblings.Now I m planning to constuct a house in my portion.Will i face problems if all of my fathers siblings file a case that the property was not allocated to them.
As already told, it is the property of your mother. She can do anything with it. Nobody can question her right. If in her wisdom and right, she has given the property or any portion of the property to you, (IT SHOULD BE THROUGH REGISTERED GIFT DEED) then nobody can question the same.
WHAT IS IMPORTANT IN YOUR CASE IS THE REGISTERED GIFT DEED. WITHOUT WHICH YOU HAVE NO BENEFIT WHATSOEVER.
vaani.kumaar@gmail.com
(Querist) 10 August 2011
Thank you Mr Ramachandran.
There was a registered partion deed between my granny and my Mother and further a rectification deed between my mother and my aunt after my granny's death and further on either side registered Gift Deeds to the repective children as mentioned above.
Thank you again for the expert advise
