• Can my father write WILL on Partitioned/inherited agricultural land in Karnataka

Dear Sir/Madam, 
It is a follow up question related to my previous query: https://www.kaanoon.com/334757/father-wrote-will-on-partitioned-agricultural-land 
I understand from the supreme court order [Radhamma vs H.N. Muddukrishna on 23 January, 2019] that the WILL which my father wrote for me is valid. 
 
Note: The katha(RTC) of partitioned agricultural land is under my father's name. My sisters filed partition suite on 2014 ( now the case in defendant evidence stage) and father passed away on 2020, obtained probate on 2022. 

1. Recently, my sister applied for order to stop transferring RTC into my name based on the registered will and my lawyer missed the objection period, is their anything I can do further to transfer RTC under my name? 
2. Can you please give me the merit of this case, as some of the local lawyers also not sure about whether it is considered as ancestral property or not?
3 . Can my father sisters (my aunties) file partition suite for the same property though the partitioned done in the year 1983 among my father and his brothers?
Asked 2 months ago in Civil Law

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10 Answers

Aunties can file partition suit to claim share but take the defence that they were fully aware of partition deed executed in 1983  and have not taken any steps to claim share for over 40 years 

 

2) it is not ancestral property 

 

3) if probate of will obtained them RTC should be mutated in your name 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

1.  If there is no stay order by court of law retraining you from transferring the RTC to your name, you can very well proceed.

2. The relevant papers pertaining to the proeprty and the case are to be scrutinised to render proper opinion , hence you can contact any advocate of this forum personally and get their opinion.

3. If your father's sisters are one of the legal heirs to their deceased father and if he was reported to have died intestate then they can very well file a suit for partition demanding their rightful share in the said properties, provided they were not given anything in said partition deed. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

- Since, your father has go that land by way of partition , then after getting the same it will be considered as self acquired property of your father . 

- Hence being the owner of the self acquired property , your father was having his right to transfer that land to you by way of Will , and none having right to claim the same 

- Further, as that Will is already probated from the court, then that Will is non-challengeable by your sister 

1. You can apply for transfer the land in your name after submitting the Probate order of the Will , and it cannot be stopped by filing that suit by your sister. 

2. It is purely self acquired property of your father , and now yours.

3. After a long period , their case will not maintainable. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes partition suit can be filed 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Dear Client, 

An undivided property that belongs to four generations of a single family is known as an ancestral property. An ancestral property would cease to be an ancestral property once it was divided among the stakeholders and became a self-acquired property. The ancestral character of a property that has been divided or partitioned through a partition deed, family arrangement, etc., is lost. The condition for an ancestral property to be considered valid is that it should never have been split up or partitioned by family members. This is because each coparcener's share of the divided ancestral property becomes their own property. Following division, a coparcener's share of the ancestral property that remains after partition belongs to his male offspring. The Supreme Court held in this case as well that "if an ancestral property is divided and is held by a single person, it must be treated as separate property. This person is then entitled to dispose of the coparcenary property, treating it as his separate property, but the alienation made prior to the birth cannot be questioned if a son is subsequently born." However, the property turns into a coparcenary asset the moment a son is born, and he will then gain a stake in it and become a coparcener. An ancestral property no longer qualifies as such once it has been divided among the family members. It is up to a father whether or not to leave his son his own property. This, however, does not apply to ancestral properties.With respect to ancestral property, the Hindu Succession (Amendment) Act, 2005 grants daughters the position of coparcener, granting them equal rights with their son. Before the 1956 modification, only male family members were coparceners, the original Hindu Succession Act's Section 6 had not mentioned a daughter's claim in a coparcenary property. 

Hope this answer proves beneficial to you. 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

mutation of proeprty is only for revenue records and does not confer any title to property 

 

2) you are at liberty to apply for probate of deceased testator will 

 

3) what was source of funds for purchase of proeprty by mother 

 

4) you have stated she was house wife . kindly clarify 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

1.  The property inherited from his father by a partition deed will become your father's self acquired property because it is not ancestral property.

The mutation records may be produced as documentary evidence if it is in your favor. 

2. Since you have already obtained  probate of Will your sisters cannot claim their innocence, if at all they are aggrieved by the order of probate, they can very well prefer an appeal or set aside the orders if they were set exparte in that probate case.

3. Your mother's property is self acquired hence your sister cannot claim any hare in the property as a right especially if it was already transferred to your name by a gift deed. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

- The property which has flown undivided across four generations is called ancestral property. Once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property and become Self acquired property.

1. Yes

2. Both are two different case 

3. She has no right to claim on her mothers self acquired property , and to cancel the gift deed registered by the mother in your name.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You need to do the above

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

Dear Client,

Mutation documents can be considered as evidence of changes in land records, but the weight given to them may vary. Obtaining probate may not be possible or necessary if the partition suit is still ongoing. and failure to notify interested parties could have legal implications. The property gifted to you will be considered as self- Acquired property. Any property you buy with your own funds is referred to as self-acquired property. You are free to sell the self-acquired property to anybody you choose as the owner. Can be transferred to anybody and sold whenever the owner chooses.



 

 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

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