Hi Sir, the question is regard to the Partition of our Ancestral property inherited from my grandfather. My father expired in early 1990's leaving behind my mother, myself and my brother. Now my mother is a senior Citizen, and as me and my brother are both married , we wanted to divide our inherited property. But the problem is with my brother's family (sister in law) , my Sis - In Law has illtreated my mother from the very begining and now at the time of partition she dosent want my mother to keep 1/3rd share of property which she is legally entitled to, or she wants my mother to mention in the partition that after my mother the property belonging to my mother should be equally divided to both me and my brother, but my mother for her future security wants to keep her property without any pre conditions. The problem now is that my Sister - In Law and brother is not agreeing for the partition as they think after my mother's demise they will naturally get 50% property share. They fear that if the partitition is done now my mother will late give her share to me later ( which may or may not be the case). What should my mother do? Kindly advice? Without the partition is my mother entitled to gift her 1/3rd share of property to anyone or can she approach the court and while the case is pending in the court can she request the court as to whom her property should go to???? Kindly advice
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firstly please inform us on what basis you say property is ancestral . if it was self acquired property of your grand father it cannot be regarded as ancestral . did your grand father leave any will ? how did property devolve on your mother . please clarify .
it is advisable for you to contact a local lawyer . pay his consultation charges . your mother is absolutely right . she should retain her 1/3rd share without any conditions
Sir, the property has come to my father through a partition between my father, his brothers and my grandfather in 1972, some of the properties were his self acquired and some were my great grandfather's property, and regarding the WILL of my Grandfather i dont know.
did your father leave any will ?
I apporached a local lawyer, he says that untill the partition happens all the three of us have equal share in the properties but my mother cant indicate what needs to be done to her share after her demise if the partition is not done and later all the property would be diveded equally between me and my brother. My mother dosent want this to happen and wants full rights on her property now so that she would not be weak in any manner in fornt of her Daughter In laws. What should she do now??
No sir My father also did not leave a Will
if your father died intestate then your mother has 1/3rd share in property .you and your brother have 1/3rd share . your mother can make a will bequeathing her 1/3rd share in property as she pleases . she should during her lifetime retain control over her 1/3rd share
OK Great Sir, this is what I was also thinking but the local lawyer misguided me , so my mother can bequeath her share of property even if the partition has not happened, so to gain control of her 1/3rd property i need to make her approach the courts with the help of an advocate so that the registered Partition is done. Sir is this the solution.
she can file suit for partition if she so desires for partition of property by metes and bounds . in alternative she can make a will if she so desires
Ok Sir, Thank You very Much. It was very nice of you
thanks for your appreciation
As per the facts mentioned by you this property belonged originally to your grand father, and after partition between your father and his siblings it came to be vested in your father as his lawful share. In such a scenario your father was the absolute owner of this property which he could have willed during his life time. In view of the fact that your father died without making a will the property belongs equally to your mother and all her children i.e you and your brother. Your sister-in-law has no legal right in this property.
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If your brother is not willing to divide the property and honour your mother's rights to retain her share without any embargo then your mother may cull out her share in the property by filing a case for division in court.
Your mother may at any time make a will of her 1/3rd share in the property in any manner she desires. Her right to have an absolute control over her property cannot be emasculated by either your brother or his wife. If she gives up her right to retain the property without any restriction thereon then she will be at the mercy of your brother and his wife.
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