My mother owns a house of 260 Sq Yards which was purchased in 1986. This is not registered in the registrar office but all the utility bills like water bill electric bill and property tax bills are on her name.
What will be the legal implications if she decides to partition the house with legal partition deed among 4 childrens(Son's). There are total 5 sons and 2 daughters to my mother , will this cause any legal hurdles if other children raise an objection to her decision.
The legal concept is that a person owning a property absolutely or having a marketable title on the property with proper title documents on that person's name alone is legally eligible to transfer the property to another person as per law.
The transfer or alienation of the property can be done by executing a registered sale deed, or gift deed or settlement deed or partition deed or by writing a Will.
Your mother is not having the property tite document of the occupied property and the tax receipts or any other identity proofs cannot be considered as title documents.
Hence whatever partition she may do now may not be valid in the eyes of law, if the government occupied land is demolished by the government on the basis of unauthorised occupation, no law will come to your rescue.
However fr your information, the property belonging to your mother can be distributed by her in any manner an to anyone of her choice during hr lifetime except by Will, because she cannot bequeath the entire property by a will. as per Muslim personal law.