sravan 31 July 2017

Partition deed violation

Our family entered into a partition deed in 1988. As per it my mothers own property(purchased by her) will be shared among us(3 brothers) after her lifetime. My father share is shared equally among us after his expiry. Now my mother is suffering from serious knee pain and bedridden.. l am entrusted to look after her maintenance with the income generated from her property.. It's is around 10000 per year. But for her treatment it is costing more than 2 lakh. Iam asking my brothers to share the burden for which they are denying. My mother asking to dispose her property and get treatment , as it was her purchased property, she would have absolute rights over it.. Can she do like that? What are the implications for breaking unregistered property settlement deed? Please reply me

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5 Replies

Kumar Doab (FIN) 31 July 2017

The deed is not registered.

She can also claim maintainace from all sons and daughters....

kavksatyanarayana (subregistrar/supdt.(retired)) 31 July 2017

As the property was purchased by her, she can do as she likes. so she is having right to sell that property for her treatment. and as advised by the expert sri Kumar Doab sir, she can claim maintenance from her children.

Kumar Doab (FIN) 31 July 2017

Thanks for agreeing Mr. kavksatyanarayana.

Siddharth Srivastava (Advocate) 31 July 2017

As such there is no partition. Your mother is absolute owner of the property and she has every right to sell the property or to give the same to any person of her choice,. Your mother has also right to seek maintenance from her sons. Consult a lawyer with details.