Share of property in house after partition deed
My father left house property without righting the will and my mother had divided the house among we three brothers in the year 2012 by way of partition deed, she was not taken her share of property, stating that she can stay/live with any of his three sons.
After partition deed my mother was stayed with my elder brother, after 4 months he had started harassing my mother to leave his house, then my mother left his house and stated living with my younger brother, after few days he also did the same thing, my mother had left his house, then onwards she was staying with me, now she realized the pain for not taking the her share of property.
Now she wants her share of property, but no one was ready to give her share.
So, please inform weather she can get her share, if she files case in court or not, as she was not done any signature, or stated anything about her share in partition deed copy.
Asked 2 years ago in Civil Law from Hyderabad, Andhra Pradesh
she can move senior citizens Tribunal and claim maintenance from her sons . Tribunal can direct sons to pay her maintenance of upto Rs 10,000 per month
she can also make an application for setting aside partition deed made by undue influence as no share in property has been given to her .
what right she has got to distribute the property to all of you,if the property was owned by your father and he is still alive she has no right to partition the property
Advocate, New Delhi
1. It is the legal and moral duty of children to financially support their parents when the latter are in the evening of their life and without any source of income. Your mother gave up her share in the property on the hope that her elder child will tend to her in her old age. Now that he has betrayed her she can move senior citizens tribunal to legally obligate him to financially support her with maintenance.
2. She may challenge the partition deed respecting the property on the ground that her consent is vitiated by undue influence in as much as she has been deprived of her share therein .