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Procedure for partition of demised father's property among all sibling


13-Nov-2023 (In Civil Law)
MY FATHER EXPIRED IN 1997 LEAVING VILLAGE PROPERTY AND CITY HOUSE AND A PLOT. PLOT WAS TRANSFERRED TO MY MOTHERS NAME. MY MOTHER DIED IN 2006, BEFORE EXPIRY SHE REGISTERED HOUSE TO 2 BROTHERS. SHE HAD BUYIED PRIVATE LAND ON HER NAME AFTER FATHER. WE ARE 2 BROTHERS AND 2 SISTERS. ELDEST SISTER MARRIED AND WELL SETTELED, ELDER SISTER MARRIED BUT DISPUTE WITH HUSBAND AND HAD CASE GOING ON. I AM YOUNGEST MALE MEMBER AND MY BROTHER IS ELDER ONE. ELDER SISTER AND BROTHER AND MYSEF IS LIVING IN SAME HOUSE. AFTER LONG TIME, ALL SISTERS AND BROTHER WANT TO HAVE PARTION. SO, WHICH PROPERTY CAN BE PARTIONED AMONG ALL AND WHICH CAN NOT BE?
Answers (2)

Answer #1
791 votes
Sir, As per your query regarding the father's property and the property purchased by your mother or the property (house )which was purchased by your father and after his death the same was Registered on your name by your mother.After reading all your query I want to explain you that the above said property is ancestral property (means property made by parents or grandparents).And in such case all your ancestral property (property made by your parents) can be claimed and partitioned among their all children equally.
Helpful? LawRato17+ LawRato
Answer #2
781 votes
Sir, the property which your mother registered in the name of his son can not be subject to partition if it is registered properly, rest of the property is equally divided in all member of your family
Helpful? LawRato23+ LawRato

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