LawRato

How to file a suit for partition


21-Jun-2023 (In Family Law)
I am a Hindu lady, belonging to the upper caste, and I have 2 sons and a daughter. My husband died since last 5 years. He died intestate. He had 3 properties in his name and got one of his property registered in the name of his daughters in law. Me myself out of my personal savings from my household expenses and investment purchased a 2 plot of land for myself. Now my one of my son and his wife is creating disputes and has occupied one of the property which was in the name of my husband and earlier all our family i.e. me, my other son and his family were living together. I want to file a suit for partition in the court of the law and none of my children look after my expenses and take care of my medicine. I am an old age person and also have a case history of chronic diseases, I want a concrete solution for this.
Answers (3)

Answer #1
515 votes
The properties which you are owning, you have sole right how to dispose it off , in case of joint property or we can say family property you can file a suit for your share, and as you mentioned you are old age and neither of your son looking after you , you can file application for maintenance aginst your son's before magistrate court where you will get fast remedy
Helpful? LawRato LawRato
Answer #2
543 votes
Hello Client, i will suggest you for your query in a simple manner, that you can hire a advocate and demand from court for your right in your husband property, to survive your day to day life and for your disease. for further need you can contact me via this mail.
Helpful? LawRato LawRato
Answer #3
743 votes
After demise of your husband you are entitled for share in property equally with your son. You can definitely filed suit for partition and you can get decision in your favour. So far as your son is not looking after you, for this you can filed case under senior citizen protection act against your son for seeking maintenance.
Helpful? LawRato LawRato

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."