Rakesh das (student) 10 June 2018

Partition

Dear Sir,

There is a Land property by the name of Two person jointly Mother & Son.Now Due to the pressure from Son for 100% ownership Mother has registered her part of Land to Two of her doughter.One of the doughter has died unfortunatly now mother wants her one doughter to take her party.On the other side her son has built a Building over tha land & staying with his wife only.

Sir Kindly advise what the legal action a doughter can take for her right.

Thanking you

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4 Replies

Pradipta Nath (Advocate) 10 June 2018

Does the deceased daughter have any legal heir? if yes the land's true owner is only him or her.

Kumar Doab (FIN) 11 June 2018

Which personal law applies in your case?

Or are all involved; Hindu?

Confirm!

Kumar Doab (FIN) 11 June 2018

The query could have been drafted properly so as to convey a clear message.

If the title of property was/is in the name of two persons; Mother, Son and if the % share was not defined then both were/are owner of 50%.

If Mother disposed her share ( 50%) by a valid/registered deed to two daughters ( and% share was not defined) then both daughters were/are owner of 25%.

If one daughter has deceased then her share devolves upon her legal heirs per provisions of personal law that applies.

If Mother wants her deceased daughters’ legal heirs to let the share of deceased daughter to go to other surviving daughter then the legal heirs can do so by their free will and do so by signing any valid/registered deed…

Kumar Doab (FIN) 11 June 2018

If Son as in query has built building on whole land (100% covering erstwhile 50% share of the Mother also) then surviving daughter and legal heirs of deceased daughter can proceed against the son..

Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in succession/revenue/civil matters and well versed with latest citations, LOCAL applicable rules/laws/personal laws… and having successful track record…. and worth his/her salt…..and show the property/matter related docs etc etc

Check at LOCAL civil courts, HC,SC..for such counsels..