Property shall be treated as self earned property to you and your sister. Not as ancestral. You can sell your share without consent of your sister. After sister relinquished her share in your favour, you can sell the entire property without her consent.
Property status
Dear Lawer Sirs&Madams, Mr A purchased the land with registered sale deed. Revenue record was in name of A. Mr B is son of A. Mr A died intestate in year 1935. Then Mr B got the property. Revenue records changed to Mr B's name. ---------------------------------------------- Mr B died intestate in year 1981. Mr B have Son S1 and Daughter D1. ( S1,D1 only two legal heir while B died ) The daughter D1 released her 50% share land into his brother S1 in year 1992. (Registered release deed with consideration.) --------------------------------- Question: 1. The registered release deed in year 1992 gave by D1 to his brother S1 can be considered also as a partition happened between the S1 and D1 ? 2. The son S1 got 50% land property through his father is again should be considered as ancestrol coparcenory property or should considered as his separate property? 3. In the land 50% S1 got through his father the Sons and Daughters of S1 have coparcenory right or not in the land? (Considering Mr B died in year 1981 and The release deed in year 1992 between S1 and D1) 4. The 50% land got by S1 through his father , S1 can sell himself the land without consent of S1's Sons and Daughters? Please provide clarification answer with sufficient details and without ambiguity, THANKS.
Asked 6 years ago in Property Law
Religion: Hindu
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29 Answers
When she already released her 50% share, no question of partition arise. If S1 has any child than his 50% share has resume ancestrol coparcenory status and released 50% share is self acquired property.
Consent is required.
Sirs, Madams, As explained above , The land was purchased my Grand father-A with registered sale deed. He died in year 1935. Then my Father-B got the property as he is the only son of A. Revenue record changed in to his name. ------------------------------------------------------------------------------------------------- Myself and my sister only the legal heir while my father-B died in year 1981. My Sister gave release deed to me for her 50% land in year 1992. ----------------------------------------------------------------------------------------------- Question: Considering my father died in year 1981 and my sister gave release deed to me for her 50% share in the property. 1. The 50% land property I got through my father is my separate property? OR again it should be considered as ancestol coparcenary property ? 2. I have my son and daughter , If I want to sell the 50% property I got through my father then I can sell my self without get consent from my son and daughter OR I must get consent from my son and daughter? 3. As my father died in 1981 and the Release deed gave by my sister in year 1992 so can be treated as the partition happened for the property? Please provide clarification for the questions. THANKS.
Asked 6 years ago
Released deed 50% share - self acquired.
50% acquire from father - Ancestral
1. A deed of release is a legal document that removes a previous claim on an asset. It provides documentation of release from a binding agreement.It not for a partition .Partition' is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective allottees. The effect of such division is that the joint ownership is terminated and the respective shares vest in them in severalty. A partition of a property can be only among those having a share or interest in it.
2. Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The property not comes under ancestral
3 4. .After the death of father the right ion the property divided equally between his legal heirs (SON and Daughter)
1. Yes it can be termed that way also.
2. It can be considered as S1's own and absolute property since it has been partitioned between the siblings.
3. Since it doesn't fall into the ancestral category, no coparcenary rights can be claimed.
4. Yes he can proceed in the same manner
1. It shall be considered as your own and absolute property.
2. You can proceed with your proposal to sell the property on your own and there's no necessity to obtain consent or permission from your children for this.
3. Yes.
೧. The Fifty percent land property you got from your father is your separate property.
೨. Since it's not considered as ancestral property in your hands, you have absolute right to take independent decision regarding the property, including selling the property to a prospective buyer, without taking the consent of your children.
೩. Sure. In view of execution of Release Deed with consideration, instead of property by your sister, it can be treated as if partition has taken place, subsequent to the execution of Release Deed.
The property of s1 is ancestral. The share which he received from his sister is not ancestral as he purchased it.
The land received through sale consideration from the sister is NOT an ancestral property and he can sell it.
Regards
The property which the son received is ancestral and hence his sons and daughters have a share in the same.
On your father demise you and your sisters would be absolute owner of property
2) on sister executing relinquishment deed you would be absolute owner of property
3) it would be your separate property
4) your children have no share in property during your lifetime
5) you don’t need their consent to sell property
It is not ancestral property
property which has remained undivided for four generations is ancestral property
Firstly Mr A has only one legal heir no other children to him except Mr B if so MR B is entitled to property and Mr B has 2 legal heir ie., son and daughter and sister had released all her rights to brother and its registered deed in such a case there is no issue it's considered legally that she has no objection and had released all her right to you and you became the absolute owner for her share and their is no claim from others in that share;
50% of land wat you hot from your father is an ancestral property and got by virtue of inheritance certificate ie after the demise of your father you have inherited the property and there will be an involvement of your legal heirs there and they will be the legal heir to the share of that property too ;
As I told you your legal heirs consent is most important and all the legal heir should be the party to property what you convey to others as per the present amendment of hindu succession act 1956 from 9.9.2005 even the daughters are entitled to the property of father and if you wont take the consent it may lead to litigation;
Yes after the division of property a part of her share for which with her own consent she has released all her rights to you by virtue of registered release deed!
If the property had other legal heirs when you got it from father it will be ancestral as it has to devolve undivided from four generations of male lineage.
If again it's ancestral you need their consent else no need.
No it's not a partition unless a registered partition deed or court decree is not there
1. Yes it would be gift of her undivided share since she has gifted her share /relinquished it no partition as such is required.
2. It shall be inherited property and as good as self acquired property. As partition open on demise of father and after in same right of sister is created then she gifted her share.
3. No S1 is absolute owner son and daughter cannot claim any right over same.
4. S1 can sell himself.
1. It is self property and you are absolute owner.
2. No consent from them is required you can freely sale it.
3. See as rights of sister are created and after same she gifted her share it can be considered as partitioned.
Yes registered deed of 1992 will be considered as valid partition.
The property after settlement will be considered as self acquired property of S1
They will not have coparcenary right in property because it is not HUF land.
Yes he can sell the property without consent from his children.
Any property that passes undivided down four generations of male lineage is called ancestral property.
consent not required.
property can be considered as a partitioned your sister released her share in your favour.
Dear Sirs& Madams, Thank you for your replies. I VERY MUCH WORRIED and GOT CONFUSED AS WITH THE ABOVE ANSWERS ONE SET OF LAWYERS THE PROPERTY 50% I GOT THROUGH MY FATHER MENTIONED AS ANCESTROL COPARCENORY PROPERTY BUT ONE SET OF LAWYERS MENTIONED THE SAME PROPERTY IS MY SEPARATE PROPERTY. ------------------------------- For clarity again providing details. My grand father Mr A purchased a property with registered sale deed. He had one son Mr B. A died in year 1935. After died of Mr A then Mr B got the property and transferred the PATTA in his name. B have two legal heir. One son S1 (myself) and one Daughter D1 (my sister). Mr B died intestate in year 1981. My Sister released her 50% share to me in year 1992 for consideration. Question: Note: here i am asking about the property 50% i (S1) got through my father ( Not asking about the property my sister released 50% to me) 1. The property 50% i got through my father is my separate property or again it will be ancestorl coparcenory property? My son and my daughters have right in this ? 2. The property 50% i got through my father can i sell myself without my sons and daughters concerns OR i must get my sons and daughters consent to sell the property? 3. My sister released the 50% to me in year 1992 so it can be considered as the parition happened myself and my sister ? Please provide answer without ambiguity for the three questions. Mr.Yogendra Singh Rajawat, Mr.Rahul Mishra , Ms.Ayesha Sultana lawers mentioned as ancestorl coparcenory property and to sell i should get my sons and daughters consent. Mr.Ajay N S, Mr.T Kalaiselvan, Mr.Shashidhar S. Sastry, Mr.Ajay Sethi, Mr.Shubham Jhajharia, Mr. Mohit Kapoor mentioned as my separate property. So I got confused, .The fact provided and law and rules are same, Then why two different types of conclusion on the query? Based on this how can i take decision? Please provide answers without the ambiguity.THANKS.
Asked 6 years ago
Property in the hands of a sole coparcener allotted to him in partition shall be his separate property for the same shall revive only when a son (Now daughter also) is born to him -
Your questions are already answered,
It is not ancestral property
property which has remained undivided for 4 generations is ancestral property
consent of sons and daughters is not necessary to sell the property
If you are confused by different answers then you must know the law position to remove you confusion by your own
Your property is not an ancestral because property needs to be four generations old undivided to get the status of ancestral.
An ancestral property after division becomes self acquired property in the hands of the individual owner in respect of the share so transferred.
Now rest you decide as per my earlier as answer.
1. The 50% property you got on account of intestate death of your father, is your separate property in your hands and your children will not have any right in the property during your lifetime. It's not coparcenary or ancestral property at this point of time.
2. There is no bar for selling the 50% property you got from your father, as it is your separate property, without the consent of your son and daughter.
3. On the intestate demise of your father, the entitlement to the property devolved equally to you and your sister. In other words, the property was owned by you and your sister. Your sister by way of releasing her share in the property has executed a Release Deed relinquishing her share in the property in your favour, thus making you the sole owner of the property. This action can be considered as partition of the property between the brother and sister, but not by metes and bounds.
1. See you are absolute owner of property and no consent is required for share you received from your father ad you received same by Hindu succession act and it is not joint hindu family property.
It is your separate property and you can freely sale same.
As far as I am concerned I have given my opinion based on the provisions of law in this regard.
In a forum like this, it is as galaxy of lawyers and like tow watches dont agree with the time, lawyers may differ in their opinion.
You dont worry about the ambiguities, you may refer to the law yourself in this regard and confirm the legal status, compare the same with the opinions given by different lawyers and take a decision instead of getting struck .based on the doubts and not doing anything further.
You may even consult a local experienced and prudent lawyer in person to clarify and confirm the legal status of the property if you are still in doubt about it.
Its self acquired property of your grandfather; from your grandfather your father inherited property and after the death of your father you and your sister inherited the property here its 3 generation you, your father and your grandfather hence it's an ancestral property in which consent of your children are mandatory to convey the property !!
Please refer to section 8,9,10,11 & 12 of hindu succession act 1956 you will clearly understand who is entitled to property dying intestate!!
As for being ancestral it has to devolve from 4 male generation undivided if it doesn't fullfill this critera then it's become self acquired to the people who received it. And after being self acquired status then you need not have to take consent
It will be considered as your self acquired property once the property is transfered through settlement deed.
The property received from your father is your ancestral property and therefore proceed accordingly.