• House building partition

Can my husband & brother in law and his heirs workout the partition by themselves while we the successors my husband not knowing it
Asked 4 years ago in Property Law
Religion: Muslim

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11 Answers

Firslty, though it can be done without found to the court also which is known as family settlement.

Secondly, only copaesceners can do it.

Thirdly, wife can’t put any question it,

and if it is without her knowledge then also she can’t object to it.

Fourthly, but, if you have a child either son or daughter then they may have right in it they can object to it, and if they are minor then you represent them for their rights.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Your query is not clear .

2. All the co sharers of the joint property can mutually divide among themselves by executing and registering a deed of partition.

3. If any co sharer is not informed or deprived of his share then the partition deed would not be binding upon him and he can still claim his share through court by filing a suit for partition.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

YES YOU ARE SUCESSOR OF PROPERTY.The term successor in interest means a successor to another's interest in property, especially a successor in ownership of a business that is carried on and controlled substantially as it was before the transfer.So you have a right to workout in partition

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0


any partition of the property and subsequent selling off is illegal if the shareholders of the property do not give consent to it and a suit for cancellation of the sale deed should be filed against it.


Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Your husband and his siblings can partition the house

Your consent is not required

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

All the legal heirs upon whom the property is bestowed can mutually agree for a partition and give effect to their mutual understanding in terms of a Family Settlement.

The participation and consensus of only the legal heirs is required.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0


No they cannot do it . File a partition suit and claim your share of the property apart from filing a caveat .


Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Any kind of partition in respect of any property has to be done in presence of and by the consent of all the legal heirs. No one can be excluded. Any partition done in absence of any legal heir is invalid. The only other way is to get a partition decree from a competent civil court.

Gunjan Shah
Advocate, Kolkata
16 Answers

Not rated

Dear Client,

Partition will not be valid, if not effected according to sharing in property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you are the successors of your husband then that will be only after his lifetime.

You dont have any rights in the property during the lifetime of your husband.

Therefore you cannot stop him from moving on.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Since wife has no right in life of the husband over the husband share or his ancestors share the husband and the other legal heirs of parents can workout the partition by themselves without you consent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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