• Partition deed

My father expired recently.
my mother expired 15 years back.
we are three children.

son 54years is my self.
daughter 52 years
again son 48 years

my daughter was given dowry of 5.5 acres at the time of marriage.
we are left with 2acres ancesters land.
and two residential house on my mother name another on my father name.

what is the legal and justice advice partition.
ram chandra
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1.On death of your parents without any Will all of their properties get devolved upon all of you in equal share.

2.Please note that giving any property as dowry or gift to your sister at the time of her marriage is of no consideration.

3. So either all of you go for mutual deed of partition or file suit for partition.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) all 3 siblings have equal share in the property

2) since your father died recently daughter would have equal share in ancestral property

3) your sister can relinquish her share as she has received 5 acres of land as dowry but if she refuses you have to give her equal share in ancestral and other properties

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Hi

1) Since the properties are in the name of your mother and father, these properties are assumed to be self acquired properties of your mother and father.

2) These properties are not ancestral properties. So technically these properties will go in equal shares to you, your sister and brother.

3) If there were any ancestral properties and if any monies from these ancestral properties has been used to buy the properties in the name of your father then the property of your father will be ancestral property and you and your brother alone will be entitled to succeed to these properties as your sister will not be eligible to get a share of ancestral properties as she was married in the year 1983.

4) The court will look in to whether these are self acquired or ancestral properties. If these are self acquired properties, the properties will vest in equal shares amongst the children.

5) Properties standing in the name of mother will be her absolute property vide section 15 of Hindu succession act and hence these properties will be deemed self acquired property of the mother.

6) If the properties standing in name of the father are ancestral properties then they will vest with son's vide section 6 of Hindu succession act (as in your case the daughter was married prior to 1983). It is pertinent to note that even the Hindu succession act amendment brought by Shri. N.T.Rama Rao in the year 1986 granting daughter's equal rights as son in ancestral property will NOT be applicable in your case).

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. Who had given dowry of the said land? Was it in the name of your father who had given the said dowry?

2. If yes, then it is a gift given by him during the marriage of your daughter and will not be considered at all while partitioning the remaining property of your father.

3. The remaining two acres of land with other properties, if any, will be equally partitioned amongst all the three legal heirs of your father.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If your parents passed away intestate then their properties have devolved through succession on all their children equally. The share of every child is 1/3rd. The most amicable solution is to execute a registered partition deed to divide the properties.

2. Giving of dowry, which is itself an offence, does not curtail or abrogate the share of your sister. Her share remains intact.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

what is the legal and justice advice partition.

You and your siblings are entitled to an equal share out of the properties left behind by your both the parents as their legal heirs or successors in interest,.

You are entitled to 1/3rd share in the properties that still remain undivided.

If your siblings are not willing for an amicable partition on mutual terms, you may aproach court seeking partition and separate possession of your legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

pl consider that dowry was given to my sister and not to my daughter.

marriage year 1983

Your sister cannot be deprived of her rights to her respective and legitimate share or rights in the property just because she was given dowry at the time of her marriage.

The daughters are equally entitled to a share in the property left behind by their parents as per provisions of law in HSA 1956.

You cannot avoid giving her share is she demands, or the court will pass judgment allotting her legitimate share in the properties if she approaches court of law seeking partition and possession of her share.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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