• Partition of ancestral property and self-acquired property among children

I am the youngest sister of 5 children, ie i have 2 elder brothers and 2 elder sisters, my father expired in Sep 2007 with no written will, at that time since i was very young the partition was not done and all the property was transferred to my mother name, who is still alive. i got married last year and hence my brothers and sisters want move a head with the partition.
now my question is with regards to how will be partition of the ancestral property(4 acres) and my dads self acquired property(6 acres) will be divided amongst us, since as of now all the property is in my mothers name who is alive. how should it be divided correctly and lawfully so that in future no litigation arises for the partition being done, either from the grandchildren of our parents or from my brothers and sisters.
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

Deed of partition should be executed for division of 10 acres of land by metes and bounds

2) you have one sixth share in the land

3) your mother is not absolute owner of land as you abd your siblings have not relinquish ed your share in land

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Get the partition effected through a deed of partition, in case there's no conflict and there is consensus amongst all the legal heirs for this partition.

Contact a local lawyer so that the relevant transfer deed is drafted, duly stamped and registered.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. The property shall be divided equally between the mother and the siblings i.e., 1/6th of the entire share of property will belong to you, which will include both ancestral and self acquired property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

By law of inheritance, u all including mother are equal share holder in father`s self acquired property i.e. 1/6 each.

And on death of ur father, his share in ancestral property is devolved in Children and mother that also 1/6 each, hence property lost it`s ancestral status.

Mere transferring the property in mother name dose not make her absolute owner unless right in property not transfer in her by registered relinquishment/release deed.

And your share in intact as u was minor, so ur share in property cannot be transfer without court`s order.

Either by mutual partition or through court, partition can be effect by 1/6 in each.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. As per your narration the property is in your mother's name right now. How it was done, was it by executing a Release Deed by you and all your siblings or by giving NOC in favour of your mother.

2. If there is no execution of Release Deed by all of you. then each one of you is entitled to equal share in your deceased father's property.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

Dear Madam,

The ancestral property will be devised equally among all the five children and self acquired property will be at the mercy of your mother and if your mother accepts it can also be devided by way of partition or release deed/gift deed. Whole procedure will have to be registered in the Sub-Registrar office or file a partition suit and get a consent decree. Some provision must made for the maintenance of your mother. You can come over to my office or call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

I think you might be wrong here in facts if the father demsied without will than all children along with mother will have equal share so it cannot be transfered in your mother's name till all.childrens give cosent to it. So if it is the case than the land is on mothers mercy if you all relinquished you right.

Otherwise now you can make a partition deed for all 10 acres land get it registered in sub registrar's office by paying requisite stamp duty and registration fee. After registration get lands mutation in land records.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the will has been written for a property then you can not make a claim on the same unless and until you challenge the will.

Your mother does not have any absolute right on the property, claim your share in the property and file a suit for partition.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

All of you, including your mother have an equal share in both the ancestral and the self-acquired properties left behind by your father.

You have no share in the property which was bequeathed by your grandfather in the favour of your brothers.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

All children will have equal share in property

You don’t have any share in property bequeathed by grandfather by will

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

In the 10 acres you all siblings and mother will have equal share.

In case of grand fathers will if it was ancestral property yes you can claim. If it was self acquired you need to challange the will.

If the will is correct of self acquired property than you cannot claim

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Since you and your siblings have not relinquished your individual equal shares in your mother's favour, your mother and the children will have equal share in the property.

2. In view of the above, your mother is not the Absolute Owner of the property and she can take a decision regarding her share only to which she is entitled to.

3. In respect of your grand father's 2 acres, which he has willed to your brothers, the property would devolve to the beneficiaries as stated in the WILL , since it is your grand father's self acquired property. Registration of WILL is only optional and not a compulsory one. However 2 witnesses have to vouch for the WILL. In view of this, beneficiaries who are left out of the WILL cannot claim share in their grandfather' self acquired property even though they are granddaughters.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

1. Ancestral property is differently defined than what is commonly understood by the people. it required flow of title for 4 generations without any interruption in the title of the great grandfather to the great grandchildren.

2. However, the property of your late father standing in the name of your mother can not be partitioned by her children so long she is alive.

3. She can either gift it or settle the property amongst her children in whatever manner and proportion she decides to.

4. However, if all of you and your mother also agrees to settle the said property with equal share amongst all her children, all of you can sit together and agree for a mutually settled agreement and register the same.

5. You can keep a clause in the said agreement that your mother shall have the living and/or earning right from the said property till her demise.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. If the said property of your father has not been transferred to your mother by registering a deed of conveyance then the said property still stands in the name of your father and all of you, including your mother, are entitled to 1/6th share of the said property of your father, since deceased.

2. The said 2 acres of land of your deceased grandfather will be inherited by the beneficiaries strictly as per his will provided grant of probate has been obtained from the court by the said beneficiaries.

3. If no probate has been obtained, the the will shall have no value and all the legal heirs will have equal share on the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Hi

Your case will come under Hindu succession act (Amendment) 2005.

All of you (2 sons, 3 daughter's and mother) will be entitled to equal share of all of the self acquired property as you are class I legal heirs of your father and given that your father did not leave any written will, this property will vest in all of you in equal shares under section 8 of Hindu succession act.

The ancestral property (4 acres) which your dad got from his father should also be treated as your father's absolute property in the event of your father obtaining the said property from his father either through will or gift or partition.

Please note that any property obtained by a male Hindu either through WILL OR GIFT OR PARTITION will be absolute property in his hands and his siblings (male hindu's brother's and sisters) cannot stake a claim on the same.

However for the property obtained by your father from his father, all of you (mother, sister's and brother's) are entitled to equal shares vide Hindu succession amendment act (2005) as your father was alive when the amendment act was passed. The beauty of this amendment act is that it made daughters equal to sons in ancestral properties also as long as father was alive in september 2005.

Please note grand children of your parents are not entitled to any share whatsover if their parents(i.e your brothers and sister's) are alive at the time of death of your father and at the time of partition. Please note by virtue of Hindu succession act, grand sons are not classified as class I heir if their parent's are alive.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Dear Madam,

Yes, you are entitled for property of grand father also. Just file partition suit, it is consolidated suit covering all rights of all the parties including. If you have got any doubts please visit my office or contact me on mobile. Best of luck.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Including your mother there will be six shares I.e. 1/6 share each on each property. Secondly if your grandfather made a will with respect to 2 acres then it will devolve only amongst your brother and you have no right to claim share as it was will made by your grandfather.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

No right of daughters , if WILLED in brother and not compulsorily to get register only attested by two witnesses.

Father`s 1st class legal heirs are widow children and mother. so 1/6.

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother;

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

In all the properties that is self acquired property and the ancestral properties you have the equal rights.

You can claim 1/6th share in self acquired property of your father, 5 share of properties to children and 1 share to your mother.

With respect to the 2 acres of land the Will need to be looked into.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Since all these properties were on your father's name, upon his intestate death the properties automatically devolve equally on all his legal heirs consisting his wife, children and mother (if living).

When it was inherited by your father from his father, the property do not acquire the ancestral status anymore.

It also becomes his own and absolute property along with his self acquired property.

The entire properties put together shall be divided into 6 equal shares and you are entitled to one such share.

It may be difficult to divide the properties equally hence there can be a mutually agreed partition deed drawn on terms and conditions of less or more property to each individual and the person getting more property shall compensate others in terms of money.

The partition deed so drawn in writing may be registered before the sub-registrar's office within the jurisdiction.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

The transfer of property to your mother's name is not valid and transfer of revenue records cannot be title document.

The records in the revenue department or the corporation office can once again be transferred on the basis of the registered partition deed.

The property bequeathed by your grandfather in favor of your brothers shall be their own property in which you cannot claim any right however the will has to be proved or probated.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

With the advent of the hindu succession amendment act, 2005, and by virtue of S.6 of the act, daughters by birth are considered as coparceners on par with the sons. As there was no partition prior to 2005, any partition effected after 2005 shall entitle the daughters for an equal share on par with the sons.

On a combined reading of 8,9 &10 of the act, as per rule 1 & 2, all including widow and surviving sons and daughters shall each take one share of the property.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You can file a partition suit in civil court and do the same. You can also do it amongst yourselves with a valid document

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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