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How to claim partition in fathers property ?
05-Dec-2023 (In Civil Law)
My father purchased a land 03 katha ( 2200 Sq. ft.)in favor of my mother 1965 which is adjacent our Ancestral property who was house-wives .In 2002 my mother gifted her property my elder brother in absence of me. please be noted that gifted land no road however, my elder brother showing that land with our common Ancestral property road & my question can I claim for partition that gifted land which was purchased before 1988 my father on behalf of my housewives mother & road was showing in his mutation certificate our common property can I claim for partition or suggest me.
Sir,
Please be noted that only the person in whose name the any property is purchased has the full right of transfer. In your case your mother is the sole proprietor of the said property as though your father purchased the property but he purchased for your mother not in his name. So your mother is the ultimate owner of the property.
Now it has been transferred by your mother during her lifetime to her other son, which cannot be challenged now as you have not challenged the gift within 45 days from the transfer, though it has been done in absence of you, but if your mother revokes the gift on the ground that it was done by misleading her as she is illiterate and substantially gives evidence in court, there is a chance that the gift be made void by the court.
Yes you can always ask for partition of the property which you both devolve but the said property has been already purchased in favour of your mother and it has already been transferred to your elder brother which cannot be subject of partition. But you can obviously ask partition of your ancestral home, if you so desire.
Please be noted that only the person in whose name the any property is purchased has the full right of transfer. In your case your mother is the sole proprietor of the said property as though your father purchased the property but he purchased for your mother not in his name. So your mother is the ultimate owner of the property.
Now it has been transferred by your mother during her lifetime to her other son, which cannot be challenged now as you have not challenged the gift within 45 days from the transfer, though it has been done in absence of you, but if your mother revokes the gift on the ground that it was done by misleading her as she is illiterate and substantially gives evidence in court, there is a chance that the gift be made void by the court.
Yes you can always ask for partition of the property which you both devolve but the said property has been already purchased in favour of your mother and it has already been transferred to your elder brother which cannot be subject of partition. But you can obviously ask partition of your ancestral home, if you so desire.
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It does not matter whether you are present or absent when the gift deed was executed because if all the conditions were fulfilled according to law then it is valid gift because the donor can donate his property to anyone according to his wish. If the road is showing in the mutation certificate and not gifted then you claim for partition as it is a common ancestral property by filing a suit before the Civil Judge of your jurisdiction.
Thanks.
Thanks.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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Sir
As the property was purchased in name of your mother , the title of the property goes in her favour and she can act on her will in order to dispose the property in question.
And she had gifted her property to your elder brother and now he is the owner by the strength of that gift deed.
So, you cannot ask for partition.
Thanks
As the property was purchased in name of your mother , the title of the property goes in her favour and she can act on her will in order to dispose the property in question.
And she had gifted her property to your elder brother and now he is the owner by the strength of that gift deed.
So, you cannot ask for partition.
Thanks
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Adv. Shiddhartha Banerjee
Kolkata | 200+ Answers
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