Partition of property after the death of the person who acquired it
07-Aug-2023 (In Civil Law)
can a person claim a particular property at the time of partition on the plea that had built a house getting a loan from a bank? ( he somehow managed to get a loan). Alternatively, can he claim a greater share during partition which can equate his investment in the form of the house through a loan. A man who acquired property (Self-earned) died leaving 5 heirs wife and four daughters. Can the mother register a particular property in favour of two daughters? Is it tenable?
No co-owner can construct any building with out consent of other co-owner. You have not stated that man construct with consent of others.so in partition he can not have any equity, to claim on the basis that he has invested money on construction. Further the full owner died intestate, on the date of his death succession opens, and mother can not dispose her share alone. Entire property can not be dealt with by her. Further till portion mother can't dispose any particular portion. So I advise you to file a suit for portion to avoid any more problems.
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