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Can mother and sisters ask for partition in ancestral property


02-Feb-2023 (In Property Law)

1) Can I, my mother and 3 sisters demand partition of ancestral property even our father is alive? 2) How much share of said property we get? 3) How much land can father sale? 4) As there is no partition of this ancestral property between father and his brothers, no fixation of boundaries done in coparcenars till today,if my father sell part of this ancestral property 2 hectors out of these 9 hectors to third person with mentioning boundaries as E- Remaining of said property , can transferee claim right on purchased specific & perticular land? 5) Case laws regarding abone four question

Answers (1)

Answer #1
197 votes

No, in case your father is alive, you cannot seek partition. You can file a suit for partition and prayer for stay by showing apprehension that your father will sell his part of share. The karta of a joint hindu undivided property can sell the property only for legal purpose and the onus lies on the person who buys the property. The property can be sold in accordance to the succession act. 

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