Father is at liberty to execute partition deed during his lifetime
2) it should be duly stamped and registered
Can we make partition deed of my fathers property,when my father is alive
Father is at liberty to execute partition deed during his lifetime
2) it should be duly stamped and registered
Respected sir/mam
It's all up to your father weather he right now wants to transfer the property or not but with his consent you can make partition deed... And yes daughter have equal rights in the property as a son have...
Thank you
During life time of your father you can not claim partition. If the property is left intestate you can do.if the property is ancestral then any coparcenar including daughter can claim partition during lifetime of his\her father.
During the lifetime of father the ancestral property of father can be partitioned among the children and the father.
However if there is both self acquired and ancestral property belonging to father then ti can best be dealt with by making a registered deed of family settlement.
if the property is acquired by your father and he is agree to partition the property among the legal Heirs then you can do so in case of ancestral property even if your father is alive the partition is possible among all the legal Heirs including your father so it depends on the family situation that how the property is acquired to go for partition
No. It is your father to decide what to do with his own property. He can sell, gift, etc. and execute Will as per his own wish. In case he willed his property as per his wish, the property will devolve as per his Will and in case he died intestate (without Will), all the siblings and your mother has equal right in the property in equal share. And in that event, you can partition, relinquish, gift your share amongst the siblings of your father.
1. YES, "but" only if the Father is ready for partition for his self-acquired properties.
2. The Partition Deed must be duly stamp duty paid and registered, for it to have legal effect.
Partition deed is between co-owners
if the property is owned by your father and is not an ancestral property, then no question arises for a partition
if your father wishes then he can gift undivided shares in his property to his children who would then become co-owners
the children after having title over their respective undivided shares can then make a partition so that their shares become distinct and specified
DONT CARE ABOUT YOUR RATINGS
IF THE ANSWER DOES NOT COMFORT YOU, I CANNOT HELP
It is simple
so long as your father is alive, you and your siblings have no right in his property
so where is the question of partition?
hope better sense prevails on you
Dear Sir/Madam,
The daughter can claim her share if the property is ancestral but she can not claim if it is the self acquired property of her father. ... A daughter can claim her share in father's property after he dies intestate. But she can't claim it against the will of her father.
As per Hindu Succession Act, 1956 a daughter has an equal share in the father’s property and after the amendment of 2005, daughter is an equal coparcener in the joint hindu family coparcenary.
A joint hindu family is a creation of law and comes into existence automatically when a Hindu male marries and it consists of the Hindu Male, his wife, his unmarried daughters, sons, daughter-in laws/widowed daughter-in laws, grandsons, widowed daughters, etc. Basically, a “kutumb” shall consist of all lineal descendants of a Hindu Male.
Joint Hindu Family Coparcenary is also a creation of law and it consists of three successive generations of a joint hindu family, e.g., Grandfather, father, grandson. After the amendment of 2005, daughters are also given coparcenary rights and now a daughter is also a coparcener in her own right.
Joint Hindu Family Property is owned by the coparcenary collectively and devolves as per rules of coparcenary property. Upon death of the Karta, i.e., the eldest member of joint hindu family coparcenary, the coparcenary property will devolve by partition, i.e., a partition will be deemed to have taken place and each coparcener will get his or her share and the joint hindu family will break into smaller units of individual joint hindu family of each coparcener.
After the amendment of 2005, the interest of ‘Karta’ or any coparcener devolves by way of succession and not by survivorship, i.e., earlier if any coparcener died then the share of remaining coparceners increased, however, now a partition will be deemed to have taken place and every coparcener will get his/her share, even the dead coparcener, albeit his/her share will go on to his/her legal heirs as per his will or rules of intestate succession, as the case may be.
A father can will only his share in the joint hindu family coparcenary. And, after the amendment of 2005, a daughter can claim coparcenary rights in joint hindu family property. Therefore, a will cannot be challenged, however, a daughter may ask for partition and her share.
Hi
Before answering your query, the background of the property has to be shared i.e., whether it is (1) Ancestral Property or (2) Father's self acquired property.
The position is:
1. Ancestral Property, subject to applicability of provisions of Hindu Succession Act, all parties consenting it can be done.
2. Father's self acquired property, the same is at his discretion.
No, the property that belongs to your father cannot be partitioned during his lifetime without his consent or permission.
Her is the absolute owner of the property hence it is his decision to partition and divide the property among his heirs or his children as per his desire and decision.
It cannot be claimed as a right at least not during his lifetime.