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Medical emergency of a senior citizen, widow.
10-Feb-2026 (In Property Law)
My mother 73 yrs old , widow. She needs medical emergency in days hardly ax of two week to one month. One house on my late father name. That's only source of income. All my siblings are not ready to sell that property. I am the youngest. We don't have any income now. I am taking care of her for last two years. This is jurisdiction under principal civil judge (senior division) in AP. Is it OP or O.S ? Can any one suggest.
If the house stands in your late father’s name and he died intestate, it devolves equally upon all Class-I legal heirs (widow and children). No single heir can sell the entire property without consent of others.
Since your mother is a senior citizen and requires urgent medical care, you may consider the following legal remedies:
1. Partition Suit (O.S.) – File an Original Suit for partition and separate possession before the Principal Civil Judge (Senior Division). Along with it, seek permission to sell the property or your share.
2. Interim Application (I.A.) – Seek urgent interim relief for medical expenses.
3. Maintenance Petition – Your mother can file a petition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the RDO/Tribunal seeking maintenance from all children. This is faster than civil litigation.
4. If immediate sale is necessary, you may seek court permission for sale of undivided share or appointment of a receiver.
This matter will be filed as an Original Suit (O.S.), not OP, if seeking partition.
Given the urgency (medical condition), immediate legal action is advisable.
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Adv. Pavani Kumari
Guntur | 400+ Answers
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