1. The property is acquired through partition in life of grand father it is not ancestral or joint property father is absolute owner, he may write will for the property.
2. The partition between you and your father is valid.
Ancestral Property
My great grand father's property was divided between my grand fathers as my great grandfather leaving his agricultural lands intestate. My grate grand father had three sons and three daughters. He died in the year 1939 leaving all his assets intestate. His properties were shared between his sons by mutual partion without writing any documents. They divided their agricultural lands and same was recorded in revenue records. Later my grandfather divided his share between him and his two sons. My father is one of it. Is my fathers share is ancestral property. Can he write will on this property. My father has two daughters and one son that is my self. My sisters are married. Their marriage took place in 1981 and 1987. My share was partioned between himself and myself keeping my grandmother as my guardian when i was 11 months old through Unrigistered partition. Is that partion valid. 1) Is my fathers share from my grandfathers is ancestral property ? 2) Is the partition between my father and myself is valid ? 3) Can he write will on this property ?
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
1) it is not ancestral property as it has been divided between grand father and his siblings and entry made in revenue records
2) your father can execute will for his share of property
3) partition deed has to be registered
1, Once an ancestral property is duly partitioned, THEN it loses it status as "ancestral property". Partitioned property over 30 years ago is legally final & irrefutable, as far as court proceedings are concerned.
2. Partitioned property becomes "self acquired property" at the hands of receiver and this cannot be challenged over limitation of 30 years.
3. Partition property can be legally Sold /Gifted /WILLED /again Partitioned /Donated /whatever .... without any further legal references to any other legal heirs.
If the property was acquired by partition deed between your father and all than it has acquired ancestral in the hand of your father. You also have share in it and father can bequeath only his share.
Unregistered partition deed not valid and daughters have eqaul share.
- Since, your great grandfather died in 1939 intestate , then his property would be devolved upon all legal heirs i.e his wife and children, as he got the said property after partition .
- Further , after getting the property , it become a self acquired property of your father , and hence he can write a WILL in favour of anyone as per his wish.
- Legally only a registered partition deed is non challengable.
The said property can only be divided with a mutual consent partition deed or settlement deed with consent of all legal heirs. If any of the heirs take objection the same cant be divided. Yes your father has share. If its not done through registered partition deed and the property is ancestral and not self acquired of your dad its not legal. He can only write a will if the said property is self acquired and only towards his share in the said property
The property left behind by your great grandfather upon his intestate death was partitioned by an oral partition among his children.
Therefore the property do not acquire the status of ancestral property in the hands of your father.
It is an inherited proeprty to your father through his father which can be termed as his own and absolute property.
Therefore he can very well transfer his share of property in favor of anyone by any mode including Will.
Your father need not partition the property between you and him, he can simply transfer the same by executing a registered settlement deed in your favor.
Yes,Definitely.
It is Ancestral property as per Hindu Succession Act 1956.
Valid.
No. He can't write WILL as the property is Ancestral property.
1. Yes this is ancestral property.
2. Shares of daughter is to be given.
3. Yes
The answer of all three question is in affirmative,i.e. Yes
Regards
The ancestral property should be four generations old. The property should not have been divided by the members. When the division/partition happens, it becomes the self-acquired property and not ancestral property.
partition deed is valid.
your father can execute will .
Dear Sir,
The said partition between you and father is valid and also father's share is ancestral property. Also, father can write the will as he is the absolute owner of that portion of property.
Hi
1) Since there was a partition (in those days oral partition was also valid) between your grand father and your father and your uncle, the property is no longer ancestral and hence property obtained by a male hindu by partition is a self acquired property.
2) Also, the unregistered partition between you (with your grand mother as a guardian) and your father is valid in eye of law and also that your father has absolute rights on this property and by virtue of absolute rights vested on him, his subsequent conveyance of property to you by way unregistered partition is absolutely valid in eyes of law.
3) You are now the absolute owner of the property obtained through partition from your father and that it is an self acquired property at your hands.
4) Your father can write a will only on the property that has been retained by him and your father has no right whatsoever on the property that was partitioned to you when you were 11 months old.
Hope this information is useful.
1. No your father share is not ancestral anymore and he can write will for his share.
2. Yes partition is valid.
3. Yes he can make will for property inherited from his father.
