A Hindu Male getting an ancestral property from his father by way of family partition, at the time of partition he had one son and one daughter. Whether the property acquired by the father is can be treated as joint family property (father, son and daughter) or self earned property. If the property is classified as self earned property what are the legal remedies for son and daughter.
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what basis you say that property is ancestral
2) merely because hindu male obtained property from father by way of partition would not make it ancestral property
3) property which has remained undivided for four generations would be ancestral property
4)property acquired by father on partition would be his self acquired property
5) son and daughter have no share in said property during father lifetime
A Hindu father acquired the ancestral property by way of partition. At the time of partition there are two children's to the father. Whether they can Jointly divide the above said property by partition or can it be treated as father's self earned property?
once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property.
1. On the partition of the ancestral property the respective shares which go to every coparcenor constitute his separate property which is at par with the self acquired property. The individual is at liberty to sell, mortgage, bequeath and gift his separate property in the same manner as his self acquired property.
2.Unless the father bequeaths or alienates his separate property during his lifetime it shall devolve through succession on his class 1 heirs after his demise. The share of daughters is at par with that of sons. The children are free to divide the property through a partition deed.
The property acquired by father through deed of partition would be treated as his self acquired property.
In that context father can transfer the property to anyone he chooses. His children have no right of share by virtue of birth.
1. The property has been partitioned in the name of the father. it is not termed as ancestral property.
2. Ancestral property is defined as the property where the flow of its title passes for 4 generation from great grandfather to great grandson without any interruption i.e. without any partition/sale/settlement/gift deed or will.
3. in the instant case the property has been inherited by your father from his father which makes him the absolute owner of it.
4. His son and daughter will have no right, title and/or interest on the said property of his father.
1. It is not considered as ancestral property as explained in my earlier post.
2. it will be treated as father's inherited property.
The property acquired by the father through a partition shall become his own and absolute property.
If it was an ancestral property whose share has been acquired by the father then this shall be further divided into number of shares which will include a share for his own-self and to his children.
His children shall be entitled to one such equal share each.
First of all confirm that if the property that was partitioned was ancestral in character to confirm further division among the wards of the father.
If the properties are classified as self acquired property then ther is no relief or respite to the son or daughter until the father decides to give a share to them as per his will and wish.
A Hindu father acquired the ancestral property by way of partition.
At the time of partition there are two children's to the father.
Whether they can Jointly divide the above said property by partition or can it be treated as father's self earned property?
If it was ancestral property then the share acquired by the father shall again be divided into three shares and each i.e., himself and his two children shall acquire one share equally each.