• Partition case

My father is disagreeing to divide the property equally between me and my younger brother. I am elder girl in the family and am married with 2 children. My father has been given some land by his father (my grandfather) through land registration. Of course there was no cash involved as my grandfather gave it to all his sons equal share through name change and registration.  Also my father has constructed a house in a land which he received from my grandfather in the above same manner. Now my brother wants to have hold of the total property. Some agriculture land and the land with house.  I would like to know what are my chances to seek my possible legal rights if any in this scenario.  I do not know any details of the land/property as the documents are not being shown to me. Can my father write a will of the above properties in my brother's name? Can he register and change the land owenrship to my brother alone without my consent. Will the registrar office accept such registration? Will this cease my rights in the property which originally belonged to my grandfather?
Asked 2 months ago in Property Law from Dindigul, Tamil Nadu
Religion: Hindu
your father is absolute owner of said land 

2) your father can execute will bequeathing property to your brother 

3) your father can execute gift deed and transfer property to his son if he so desires

4) your consent is not required 

5) registrar will register the gift deed 

6) you would then have no share in said properties . please note that it is not ancestral property . your grand father had partitioned land equally among his sons . it would be self acquired proeprty of father and he can dispose it as he pleases 

Ajay Sethi
Advocate, Mumbai
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your father can execute will in respect of his self acquired property 

2) you and your daughter cannot claim any share in said property 
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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If the properties in question are the self acquired or separate properties of your father then he has the absolute right to divide or settle them the way he desires. The right of an owner to divide his properties according to his sweet will during his lifetime in unquestionable. You can restrain your father only if you have evidence to prove that the properties are ancestral in your hands. Your father is free to execute a will.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1. Well, it is difficult to understand whether the properties you mentioned are ancestral in nature or not as if the property is given to your father first by making division of the land then it looses the characteristics of ancestral proeprty making it not more amenable for partition.
2. The self acquired proeprty of your father is in no way liable for partition.
3. however if you think your father is depriving you without rhyme or reasons then file a partition suit to put pressure and see your luck in court.
Devajyoti Barman
Advocate, Kolkata
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Hi, 
The Tamil Nadu government had under the leadership of Late.Dr.M.G.Ramachandran in the year 1989 passed an amendment to Hindu succession act granting equal rights to both men and women in ancestral property. Hence you are eligible to claim a share of ancestral property . 
Even if your father is having seperate property, in all likelihood the income from separate property might not be maintained separately and hence more likely to have been blended with income from ancestral property and hence be liable to be construed as ancestral property.

In most of cases the seed/nucleus for acquiring self acquired property is most likely to be income from ancestral property, the self acquired property will also assume the nature of ancestral property and hence you can make your claim for both the  self acquired and ancestral properties of your father. 
Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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This property reportedly belonged to your grandfather was partitioned equally by your grandfather himself to his own sons.
This means that after the inheritance your father became the absolute owner of the properties.  
If your father is an absolute owner o the properties, he has full rights to dispose the properties by transfer or gift deed or settlement deed or by sale deed or any other mode including Will to any person of his choice.
Nobody, including your mother or your brother has any right in it nor can claim a share in the property during his lifetime.
He need not take the consent or NOC from anyone to settle the properties in favor of the person he chooses as per his desire.
Therefore as per law, please be aware that you do not have any rights in the properties now in posssession of your father.

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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My father also earned some property on his own.  Can he execute a will to my brother alone for the same as he wishes. 

Yes he can do that, you cannot stop him, at least legally, from doing so.



 Can I seek legal rights in this property. 

You are not entitled to any rights in the property, hence you cannot claim any share in it legally at least during the lifetime of your father.





 Or can my daughter aged 18 years can claim legal rights for share in the same.

You yourself do not have any rights in the property, from where shall your daughter get such rights?
There is no concept that grandfather's property shall be shared by grandchildren.
It is available only on ancestral properties. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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