• Ancestral property partition

Hello sir , 

My name is Rahul.

My grand father has 4 sons. Namely 
1.Ashok 2. Rakseh 3.Prabhu 4. Sunil.in the order of there age. 

 My grandfather died in the year 1980 , and there was a family partition happened in the year 1990. At that time my grandmother was alive. 

The eldest of the 4 sons , Ashok was not happy with the partition deed and he did not signed it and left the native place as he was a government servent to join his duty. 

The rest 3 brothers namely rakseh , prabhu , sunil and my grandmother signed the partition deed in 1990 it self. 

Meanwhile Mr Ashok was a officer in government department and made his own fortune and earned good amount of property . 

Suddenly in the month of March 2017 , Ashok son comes to there uncle and started to ask his share in the property . 
Name of Ashok son is sachin. 

So my question is 

1. Can sachin claim the right on my father or my other uncle property. 

2. Sachin say the property is ancestral , so he want a share in it.

3. Sachin father Ashok too has earned enough amount of immovable property , can I calim my right on that .

4. When the partition happened in 1990 , before that it self Ashok has made huge fortune , so is that property does not comes under ancestral property ?.

5. Since Mr Ashok has not signed the partition deed , does that mean Ashok or his son can claim the right on the property now as partition happened in 1990. 

6.Sachin is coming now and than to my house and my other uncle house and asking for property , what to do ?.

Sir , please tell me the solution as the partition happened in 1990 and he is asking for the share now , that too sachin is not ready to give his property in common pool ( What ashok has earned before partition ).
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) since ashok did not sign partition deed the said partition deed would not be binding upon ashok or his legal heirs

2) sachin can on father demise claim share in the property

3)you have no share in ashok self acquired property

4) amicable settlment is best option

5) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. On the demise of your grandfather his property devolved through succession on his widow and all children. The share of every heir was 1/5th. Since Ashok was not a party to the partition deed his 1/5th share remained intact. So his legal heirs can file a suit for partition to cull out his share in the property.

2. If Ashok is dead then his property has devolved on his legal heirs i.e widow and children. None else can claim any share in his property.

3. The self acquired property of Ashok cannot be termed ancestral property.

4. Execute an amicable settlement by giving Ashok's share to his sons.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1. Can sachin claim the right on my father or my other uncle property.

Opinion: The Ashok, who is father of sachin is alive hence there is no question of any share for Sachin but Ashok has a share in that property who is the share holder of the same.

2. Sachin say the property is ancestral , so he want a share in it.

Opinion: if the property is ancestral property which should be comes from more then 4th generation of sachin then he is right and he has a share in that property but if the property is self acquired property of your grand father which was only the second upper generation of sachin hence there is no question of Ancestral Property and he has no right over the property, even the father of sachin is alive then first of all the partition between Ashok and his brothers and mother will happen and later on sachin can claim his share from his father's share if property is ancestral otherwise sachin can not claim.

3. Sachin father Ashok too has earned enough amount of immovable property , can I calim my right on that .

Opinion: No, you can not claim any thing from him as all the properties was earned by him which is his self acquired property.

4. When the partition happened in 1990 , before that it self Ashok has made huge fortune , so is that property does not comes under ancestral property ?.

Opinion: No, Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

5. Since Mr Ashok has not signed the partition deed , does that mean Ashok or his son can claim the right on the property now as partition happened in 1990.

Opinion: Yes they can at any time within 12 years from the cause of action.

6.Sachin is coming now and than to my house and my other uncle house and asking for property , what to do ?.

Opinion: Try to settled the matter with Ashok and Sachin amicably.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

once partition has taken place between grand father and his brothers it ceases to be ancestral property

2) your father and his siblings can sell their share in property

3) ashok never signed the partition deed

4) his son sachin can claim share in the property

5) his claim is not barred by limitation as he is co owner of the property on father demise

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

1. Can sachin claim the right on my father or my other uncle property.

Sachin cannot claim any share in the property as a right nor on behalf of his father, if his father is living.

2. Sachin say the property is ancestral , so he want a share in it.

Ift is not ancestral in nature, it was your grandfather's property which ws divided by his legal heirs after his death. Let Sachin go to court seeking relief, his case will be rejected as he has no rights in the property during the lifetime of his father.

3. Sachin father Ashok too has earned enough amount of immovable property , can I calim my right on that .

No, it his own property in which his own son has no right during Ashok's lifetime.

4. When the partition happened in 1990 , before that it self Ashok has made huge fortune , so is that property does not comes under ancestral property ?.

Ashok made property by his own income, that in no way dis-entitle him from seeking his rightful share out of his deceased father's property.

5. Since Mr Ashok has not signed the partition deed , does that mean Ashok or his son can claim the right on the property now as partition happened in 1990.

Though the partition took place in the year 1990, Ashok did not participate in the partition deed process, hence he is certainly entitled to a legitimate share in the property. Since it is a partition suit hence there is no limitation for this.

6.Sachin is coming now and than to my house and my other uncle house and asking for property , what to do ?.

You can turn him down, let his father file a partition suit now after which you all can decide about it.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1. The property becomes ancestral or not ?.

After a partition and separate possession, the property belonged to your grandfather as his own and absolute property, hence there is no question of this property to be termed as ancestral property.

2. What ever property my father and 2 uncle got , if they sell that now is it valid ?.

Your uncle Ashok is entitled to a legitimate share in the property hence the others can decide to give him a share either by money or physical division and allotting respective share.

3. Infact some of land is already sold out . So how sachin will claim the property rights?.

Sachin has no rights to claim any share in the property during the lifetime of his father.

4. After partition in 1990 , how can sachin claim the rights in 2017 .after so many years .

Sachin has no rights, but his father can claim a share in the property if he is alive or his son can claim is father's share if Ashok is not living.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

1. Still the property does not become ancestral. An ancestral property, pithily put, is one which travels up to the fourth generation undivided.

2. Your father and uncles can sell their shares.

3. The sales deed executed can be challenged in the court which can declare it as illegal.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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