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Can I file for property partition after parent's divorce
04-Oct-2023 (In Property Law)
I live in Hyderabad. It's been almost 10 years that my mom and dad divorced. We did not ask any property or things from my dad. Only thing he promised to pay was money to my sister until she gets married and even that he didn't pay. Now can I file a case for a partition of the property? We have some property which ages b4 the price is very low but now it's a bit high. What is he sold it to someone else already without my signature. What if he gave it to someone on a will? He is married again so am thinking may be he put it on her name coz of a precaution may be? Can you help me with these things please. Thank you
Hi
You can file a partition suit against your father provided the property owned by him is an ancestral property.
If it is a self acquired property of your father, technically he can sell the property to any one whomsoever he may wish.
However your sister can file a suit on your father's property(even if it is self acquired) in lieu of maintenance and her marriage expenses.
You can also file a suit for partition and your father has to come and prove in the court that the property was indeed his self acquired. But he cannot escape by making that statement as it appears that your father did not take care of his children and hence his property will be liable for partition in lieu of maintenance.
Hope this helps
You can file a partition suit against your father provided the property owned by him is an ancestral property.
If it is a self acquired property of your father, technically he can sell the property to any one whomsoever he may wish.
However your sister can file a suit on your father's property(even if it is self acquired) in lieu of maintenance and her marriage expenses.
You can also file a suit for partition and your father has to come and prove in the court that the property was indeed his self acquired. But he cannot escape by making that statement as it appears that your father did not take care of his children and hence his property will be liable for partition in lieu of maintenance.
Hope this helps
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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HI,
sir first in your query you can get maintenance from your father even though he remarried he has to pay the marriage
expenditure of your sister if she is unmarried you can approach the family court for relief.
second with regard to the property if it is your father's self acquired property he can sold the property according to his wish and will or he can transfer the property to any person.
some latest rulings of the supreme court says your mother is also having rights in the property.
sir first in your query you can get maintenance from your father even though he remarried he has to pay the marriage
expenditure of your sister if she is unmarried you can approach the family court for relief.
second with regard to the property if it is your father's self acquired property he can sold the property according to his wish and will or he can transfer the property to any person.
some latest rulings of the supreme court says your mother is also having rights in the property.
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Is the property a self acquired one of your father or an ancestral one? If the property is self acquired one, you cannot rightly claim any share in the said property as your father has no obligation to give you your share in the said property and he can sell/gift the said property he wishes to and he can do so without taking your consent for the same. He may also give the property to someone on will and you cannot question his decision. However, if the property is an ancestral one, you can file a partition suit in a civil court at the concerned jurisdictional civil court and claim your share in the property.
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Adv. B. Srikiran
Hyderabad | 500+ 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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