Response

“It depends on mode of acquisition of the property. If the property is an ancestral or inherited property, then the property has to be divided equally between your father and his brother. Your father’s brother’s wife would not get a share in the ancestral property and her share and her husband’s share is the same and your father would get half the property.

However, if the property is a self-acquired property which has been purchased by pooling the money of three of them and there is nothing is mentioned about the share each person has in the property, the property would be divided in three equal parts and your father would get 1/3rd of the property in his name.

The most amicable solution to it is making a deed of partition by mutual agreement and dividing the shares within yourself without going to court. The father shall first send a legal notice for the partition and if he does not agree for a partition but your father wants to have a partition then he can file a suit for partition. Any person who is a legal heir or co-owner of the joint property can file a suit for partition and claim his individual share under the Partition Act, 1893.”

Reference: The Partition Act, 1893 – – AHG358 – 202100585 – 191 – 172- 2021001532021004212238

LAWAYZ-2023-1015