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Sasikala Perumal   23 July 2019

Settlement of property

we have filled partition suit for propertys in my father's name who is no more.

one property is in my mother's name and she is living. we have not included her property in the partition suit as she is living .

one of my sibling has put IA i hence it should be partitioned to him.

this son who filed IA is not married 40 years and alcohol addict and surrounded by a evil group, under whose advice he is wrecking the family.

sir, can my mother write a settlement of her property, when there is a IA request for partition in court. she is 65 years.



Learning

 2 Replies

K. Siva Sankara Narayanan   23 July 2019

If it is your mother's self acquired property she can settle it...

G.L.N. Prasad (Retired employee.)     23 July 2019

When the matter is in Court, without knowing the facts of nature of acquisition etc., you can not expect precise guidance.  Irrespective of their personal behaviour, every co-sharer /legal heir must be impleaded in partition suit and if not impleaded the partition suit may not be maintainable.  Contact your advocate.  When the matter is subjudice, it is not proper to take such deeds from aged mother, without consent of the court.  She can write a will.  No one can sell or alienate the property  and such alineations are subject to final disposal of the case.


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