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how to initiate partition of property of my father
14-Feb-2023 (In Family Law)
Sir , I am 20 yrs old and youngest in my family. I have two elder brother of 26 and 34 yrs and two elder sister of 22 and 32 yrs. None of us is married. My father got retired and now getting pension and my mother is house wife. We have two houses as property. My elder sister who is 32 do not want to marry and is not doing any job either . She neither help my mother in households chores and mentally torture them for money . She breaks expensive things in house to be done what she wants .And she abuse them , tortures them and sometimes beat them also . Her behaviour is not good to any of us in my family and always feels jealous of everyone . So , please tell me what legal actions can be taken against her ? or is there any way to make her away or leave the family . How father pension and property division can be done among parents and children's ? Hope to get any solution . Thank You
Apparently you all do not have any right to ask for division of property owned by your father. Only your father can divide his property among his all children or to any one or more than one child of his choice.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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Your question is 2 fold. Firstly, you're asking about the remedy in law against your rowdy sister and secondly, you want to know as to how you can get the property of your father. As regards to the first question, assuming your parents are senior citizens, any kind of atrocity towards them is a punishable offence and therefore, your parents may go ahead and file a police complaint against the concerned sister of yours who I'll behaves with your father and mother. Moreover, it is your parents who decide that who all stay in there house. Thus, they can throw out any son/daughter out of the house for reasons best known to them.
Coming to the partition aspect, you can initiate the partition proceedings by approaching the court of law. However, during the lifetime of your father, you cannot ask for partition of the self acquired properties of your father. Thus, as an date you can approach the court for partition of ancestral property only.
Coming to the partition aspect, you can initiate the partition proceedings by approaching the court of law. However, during the lifetime of your father, you cannot ask for partition of the self acquired properties of your father. Thus, as an date you can approach the court for partition of ancestral property only.
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You have not mentioned the properties detail whether these properties belong to your father First you tell me the details of the properties If property belongs to your father first that property gets transferred in favour of your mother give me entire detail then I can help u out
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Adv. Anurag Arora
Lucknow | 25+ Answers
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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.
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