How to enforce partition of jointly held property
13-Jun-2023 (In Civil Law)
(Behalf of my mother) Father have a selfaquired 1 house in his name.he died in 1976he have 1 wife and 3 sons, 1 daughter. House is still fathers'name. Now my mother 85years old. father's sons neglected my mother. Only i am(daughter) caring my mother. Now my mother want to gift/will her share to me(daughter). Sons are not ready to partition. It will possible? How can my mother gift/will deed given to me(daughter). Plz help us. Thank you
As far as your father is alive, you or your brothers or your mother will not get any right in self acquired property. Since your father is alive, ask your father to execute regd. gift deed of your share and your mother share in your favour. Your brothers have no authority to stop the execution of gift deeds. If your father is willing he can give the rest of the share to any other person/s of his choice since it is his own property. For further queries contact me through Lawroto.
First mutate your mother’s name in revenue records and municipal records, changer her name in electricity bills. Thereafter made your mother to enter into a Gift Deed or Will Deed in your name. Then procedure is same as stated above i.e. change your name in revenue and municipal records, then you are the owner of the house. But before that who are staying in the above said house right now.
Hi
Since your father had died with out a WILL all of you ( mother, 3 sons and 1 daughter) have equal share in the said property.
So all of you need to file a partition suit to claim your respective share.
Your mother can gift her share of property to you (after the gift, you will actually have 2 shares in the house instead of one).
Technically, partitioning a residential house by metes and bounds(physical boundaries) has its own challenges. So either 1 of you have to buy the whole of house by paying money to remaining legal heirs or sell it to an outsider and all of you can share the proceeds.
Since your father had died with out a WILL all of you ( mother, 3 sons and 1 daughter) have equal share in the said property.
So all of you need to file a partition suit to claim your respective share.
Your mother can gift her share of property to you (after the gift, you will actually have 2 shares in the house instead of one).
Technically, partitioning a residential house by metes and bounds(physical boundaries) has its own challenges. So either 1 of you have to buy the whole of house by paying money to remaining legal heirs or sell it to an outsider and all of you can share the proceeds.
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