Clarification on partition of property between children

815 votes

Hi, you have to file a suit for the partition in the place where your house property situated and from your narration some lands is also situated so you can file a partition suit

For partition of the property with regard to only ancestral property and not self acquired property of yours and no one has right to claim yours self acquired property.
One of your brother claims that your father has executed a will then if you file a suit for partition then he will come up with a defense that your father has execute a will and on burden lies on him to prove the will.

Advocate Siddhant Sharma LawRato

832 votes

Hi,

In this issue, the property of your deceased father has to be partitioned according to the personal property law. For that you need to mention your religion. However you have two options for that. If all the legal hairs including your siblings and mother agrees each other, you can execute and register a partition deed accordingly. If any one or more of the said legal hairs are not agreeing for that option, you need to file a civil case(Suit for property partition) in the court and obtain a order for the partition.

Regards,
Advocate PT Sheejish

Advocate Sheejish P T LawRato

854 votes

Property rights differs based on your religion. Since you have not mentioned about your religion, it is not possible to say a correct opinion applicable to you. Generally speaking in this situation, For Hindus, the property will be devolved equally to mother, widow and the children being the class-I heirs of the deceased. For Christians widow will take 1/3rd and children will divide equally the balance. For Muslims, it is a bit more complicated depends on Shia - Sunni-Hanafi etc. If the legal heirs cannot amicably partition the property, any interested person among the sharers can file a partition suit before the civil court and the court will arrange a commissioner to partition the properties.

Advocate Nelson Joseph LawRato

735 votes

The property is jointly vested in the siblings and their mother. The extent of that vesting depends upon your personal laws. All of you can sit together, reach an amicable solution and register the partition. If amicable solution is not possible, there is the option to file a partition suit.

Advocate P Venu LawRato