• Son's right on father's partition property

Father have a property by family partition(ancestral property), now father is alive.He had 2 sons.son's have right on it or not and also a release made by father and 1 son to his another son. it is fall under ISA 55(a) or not.please answer by quoting act and rules with sections.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

Father have a property by family partition(ancestral property), now father is alive.He had 2 sons.son's have right on it or not and also a release made by father and 1 son to his another son. it is fall under ISA 55(a) or not.please answer by quoting act and rules with sections.

The property acquired by father by a family partition becomes his own and absolute property.

His sons or his wife or any of his relative do not have any rights in his property.

He can dispose his share of property in any manner and to anyone of his choice as per his wish and will.

Nobody can question his authority neither the sons can claim a share in his property as a right.

T Kalaiselvan
Advocate, Vellore
90190 Answers
2506 Consultations

Deposit of title deed made with can bank

May be for the purpose of loan or collateral security

T Kalaiselvan
Advocate, Vellore
90190 Answers
2506 Consultations

Deposit of title deed made with can bank and party for securing 9 lakhs and also a line in this deed on condition that may secure future advances.whether it will affect the above said loan amount for the purpose of stamp duty.is it enough to pay the stamp duty for 9 lakhs or maximum stamp duty is needed?

What is the stamp duty doing here when you have just deposited the title deeds?

Deposit of title deeds is made for securing the loan. The bank will register the memorandum of deposit of title deeds only which will not attract any heavy stamp duty.

T Kalaiselvan
Advocate, Vellore
90190 Answers
2506 Consultations

1) once partition has taken place between father and his family members it ceases to be ancestral property

2) sons do not have any right on property during father lifetime

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

The share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue. They take an interest in it by birth, whether they are in existence at the time of partition or are born subsequently. Such share, however, is ancestral property only as regards his male issue. As regards other relations, it is separate property, and if the coparcener dies without leaving male issue, it passes to his heirs by succession.” [Smt. Dipo vs Wassan Singh & Others, 1983 AIR 846, 1983 SCR (3)

Ajay Sethi
Advocate, Mumbai
99989 Answers
8162 Consultations

You have to give more details of the background elaborately instead of putting some vague details in yor question.

Whether Mulla's book or any other book, the law will remain same and it may not be a different law found in Mulla's book of Hindu law.

If the property remained unpartitioned by three generations and passes on to the fourth generation then the fourth generation coparcener shall be entitled to a share in the property through his father's share in the property which is considered as ancestral property.

You may check up the situation in your side that whether this position conforms to that requirement to treat the said property as ancestral property or not.

First of all go through the law fully and properly

T Kalaiselvan
Advocate, Vellore
90190 Answers
2506 Consultations

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