LawRato

How to initiate partition of property


28-May-2023 (In Property Law)
I want to take advise about my property given by my mother. We are two sisters only and have not brother and my father is died in 1998,then after all things are handled by me with the guidance of my mother. I stay in my mother's home with my mother since 2002 with my husband. Then we make two houses for us- two sisters from totally my mother's savings and pension. One house is in the first name of my sister and second name is of my mother. Other house is in the first name of my mother and second name is of mine and third name is of my sister, in which we (I, my husband and my son and my mother ) are staying. My mother change this one house in the first name of mine and second name of my mother. Because of my sister's husband family, they make sometimes issue for that house. But nowadays I have come to know that My husband has other than marital relation. I haven't proof. Question 1 But in case in future if there is any situation of separation, then can he make demand/claim in any t
Answers (3)

Answer #1
581 votes
Dear Sir, You should file a civil suit for partition of property in a court under which the jurisdiction lies. You must be having the documents of title to the property and names and addresses of the legal heir. Best option will be to engage an Advocate for the purpose.

Answer #2
729 votes
Hi,

Your Husband cannot claim any right in the house owned by your mother or from you ,
If your mother wish to make a will she can , it will be better for you, your sister and mother that she makes a will for the house and get it registered .

Thanks
Answer #3
751 votes
No, your husband can claim of your property if you get divorce or separation from your husband.
There is no matter who's name first or second in sale deed as per law you all are co sharer of property and you all are equal right in property as mention in sale deed.
So there is no matter who's name is first or second, if it's not mention sale deed that who's get some amount of share.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."