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Can land in mother's name be divided among her children


18-Feb-2023 (In Property Law)

My aunt is a widow, her husband died in the year 1998. They are having three children, one daughter and two sons. All are married and well settled. In the year 1994, my aunt and her husband together bought an agriculture land of 3 acres and this land is in the name of my aunt. Now my aunt is having this land with her. She given that to lease and getting yearly lease rent. Her elder son is not taking care of her so she is staying with her younger son. Now the elder son filed a civil case against her mother stating that'these 3 acres land should equally divided and transferred to both the sons'.

Answers (1)

Answer #1
358 votes

First, move an application for injunction to ensure that your aunt is not dispossessed of the property pending the civil suit. You will further need to file a counter suit for declaration and permanent injunction. Your case is on a strong footing as the property appears to be a self acquired property purchased in the name of only your aunt. Feel free to get in touch with the LawRato team at 9599-000-555 for further assistance.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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