• Partition of property

Dear Sir/ Madam, I am 30 yr old male hailing from a town in TN. Our grandfather who is alive wants to settle the property to his 4 sons, elder son is no more and my father is his 2nd son. About the property, 20 cents square shaped land south facing to the road with building on 15 cents and a 5 cent of empty land on south-east corner of the property. 
Problem-1:This has to be divided equally by all sons(Elder son who is no more succeeded by three sons currently stays in south-west building of the property). 
Problem-2: North-west and South-west of the property is ancestral but the other side of 10 cents bought by my grandfather. He says he can give it whichever son he likes.

Question-1: If divided equally who gets which part of the property?
Question-2: According to our family tradition the vacant land should come to us but other 2 sons also claiming for it and have persuaded my grandfather to give it to them. Is it legally possible for my grandfather to giveaway this vacant land to other sons without my father's consent?
Question-3: if we get the land with building which falls in our ancestral side of the property, is it possible for other sons to claim it also in the future?

Thanks in advance,

Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Once division of property is done by metes and bounds it ceases to be ancestral

2) other sons cannot claim it in future

3) if vacant land is self acquired property your grand father can give it to whole soever he pleases

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

See the rule of partition is that firstly if the property can be partitioned equally without causing prejudice to any of legal heir than it should be equally partitioned meaning thereby also all legal heirs get equal best and worst part of property if any.

Secondly if no partition possible property can be sold and the consideration can be divided.

So answering your question

1. It can be mutually decided by partition deed in mutual consnet there won't be any chance of prejudice to any of the legal heir.

So all can decide the property such a way that all get equal benifit out of property.

Now I cannot ascertain who gets which part but can assure everyone get equally good portion in terms of use and value.(or in case grandfathers property and he is alive he can very well decide.) On his death of not decide a deed of partion if all agree if all legal heirs doesnot agree than a suit in court.

2.the ancestral nature of the property has to be seen if it is ancestral than on ancestral property all sons have equal right and grandfather can decide his self earned property on his will.

Further if ancestral property consent is required to give to one legal heirs

3. Yes all have equal rights in ancestral property they can claim.

Please describe the ancestral property you have from how.many generation on who's name.sometime people do confuse inherited property with ancestral so we can discuss on same further.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly, yes grandfather has all the right give away the self acquired property to any he likes.

Secondly, getting which share is wholly the matter of consents between the parties.

Thirdly, if no consent for long then it would be sold and shares would be given to them.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. Since this is a family partition, it can be agreed mutually for division and possession on the basis of consensus agreed upon by all.

There is no specific law that can be imposed under such situation.

If there is no possibility for any amicable solution then the matter can be referred to court .

When there is no possibility to divide the property equally, then it should be divided on mutually agreed conditions alone, or else to approach court of law with a partition suit.

2. Since this property belongs to your grandfather, he is the absolute owner hence he can decide to divide the property among his sons as per his decision and desire.

\As a mater of fact the sons do not have any legal rights to ask for partition and separate possession of their share during your grandfather's lifetime.

Your grandfather can refuse to give any share to anyone or to all, he can transfer the property to a third person also as a gift, nobody can question his authority.

3. If this partition is reduced to writing and the same is registered then there is no possibility for others to claim any share in it at a later stage.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. At the time of mutual partition or settlement deed the person who is occupying a portion is preferred to be allotted with the said portion.

2. Family tradition also play said role in it.

3. otherwise the settler while settling the property can make his own preference in respect f the area which is self acquire by him.

4. Otherwise to stop visiting the court to resolve this issue it is advisable to amicably settle the division.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If your grandfather wants to settle the properties including ancestral and self acquired property then he can do so. It is settled principle of law that when property cannot be partitioned or settled among the legal here then it should be sell out and sale proceeds shall be distributed among the legal heirs.  but generally in mutual family settlement above mentioned rule is not applied.  after the settlement no one can challenge it before the court because according to Section 96 of the code of civil procedure mutual settlement deed cannot be challenged in court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. During the property division, it is to be decided by the legal heirs and the same has to be a mutual decision.

Suppose if one person is getting bad location then he should be given more area and vice versa.

2. Property belongs to grand father and he can decide the same as per his desire, he is not required to take any consent from anyone.

3. No, once the partition is done they can not claim any share and take an undertaking from them that they will not claim any share in future.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As far as the self acquired property is concerned then the same will be decided bas per the wish of your grandfather. Ancestral property will be divided between you legal heirs on basis of partition amongst yourselves or through court order. You need to move to the court for partition for distribution issued between brothers.once ancestral property is divided and partitioned with a Registered partition deed or court order it becomes self acquired property of the person who received it. The legal heir of that person can claim it.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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