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Need an advice for my father's property partition.
02-Dec-2023 (In Property Law)
Dear Sir,
My father had built an individual house with 3 BHK, we are 5 children, my father expired 16 years back, at present out of these 5 children only one son with his family is staying in this house with my mother. My mother is telling me to build a house above this existing house.
I am married and staying in rent house at present from past 16 years and I am not in a position to take loan and construct the house.
Please suggest me how will I get my share without constructing the house above this existing house.
Regards
Lakshmi
Hello sir, your mother and all the children have equal right in the father's property. So one option is you can stay in the same house otherwise you can file a partition suit against them. If you need more advice please contact me.
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Adv. Savitha Savi
Mangalore | 200+ Answers
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in order to claim partition you should first secured the papers relating to the house. it should be faster clear that your father had not made any will with regard to that house. secondary your mother has a life interest in the house which means as long as she is willing to live in that house it cannot be partitioned without she having an alternative place to live.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Hi.
You will get your share by partition, which would be decided by the family members. A partition deed for a property is executed to divide the property among the different people, usually among the family members. Thus a partition is a division of a property held jointly by several persons, so that each person can a get a share and becomes the owner of the share allotted to them. Therefore in this process you can get your own share by dividing the property to which each of the parties is entitled to in law as applicable to them.
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Adv. Ayantika Mondal
Bangalore / Bengaluru | 5+ Answers
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