Once partition has taken place it ceases to be ancestral property
2) it is self acquired property of your grand father
3) however your grand father needs your father consent to sell the property
Property division by partition
Hi, My great grand father partitioned his properties (self acquired) between his sons. In the partition document, there are 2 parties party 1) my grand father , my father and his elder brother (both minor at that time) party 2) my grand father brother and his sons (minor at time) In the document it's mention how the properties has been partitioned and who will get what. (Party 1 got a house, party 2 got another house) Now can my grand father sell the property(house) acquired through the partition without my father's sign ? Or he cant do that as my father is no longer minor and he needs his signature? What is the share that my father is entitled to this property considering my father elder brother died before marriage (no next kin) Also my uncle (father's younger brother ) has any right to this property ? He born after the partition had been registered
Asked 1 year ago in Property Law
Religion: Hindu
10 Answers
Could you please also answer below questions as well ? Between my grand father and father , What is the % of share that my father is entitled to this property considering my father elder brother died before marriage (no next kin)? Also my uncle (father's younger brother ) has any right to this property ? He born after the partition had been registered
Asked 1 year ago
As per the partition deed your father becomes one of the shareholders.
He is entitled for a share in the property.
His deceased elder brother's share shall devolve on his class I/II legal heirs.
Since this is not ancestral property, your father's younger was not a shareholder, he may not be entitled to any share in the property.
Your father shall be entitled to one third share in the property.
His deceased elder brother's share shall devolve on his class I/II legal heirs.
Since this is not ancestral property, your father's younger was not a shareholder, he may not be entitled to any share in the property.
Thanks, Sorry one more question on this. if my grand father sells the property (during his age of 85) , can we say that he was not in his right mind of state to sell the property. if so who has the burden to prove whether he is in right state of mind or not ; buyer of the property or my father ?
Asked 1 year ago
Your uncle share would devolve on your father and his siblings
father younger brother would have share in property even if he was born after the partition
Your father has to prove that grand father was not of sound mind
Who ever making this allegation against your grandfather and does have an interest in the property, the burden lies on him to prove it that he is not in a perfect mental health and that has to be proved with substantial evidence.
Dear Client,
I would like to inform you that,where your great-grandfather partitioned the property which was self-acquired, and which he divided among his sons, you will qualify to be a co-owner with your father if your grandfather received the particular property in that partition. But the rights of ownership depend upon whether the property is self-acquired or ancestral.
If the property was held as ancestral at partition, then your father and his first elder brother would have a birthright on the property. As your father was a minor at the time of the partition, he was entitled to get share once he attained majority. Your grandfather cannot sell the whole property without taking consent from your father because your father holds an undivided interest in the ancestral property.
On your father's share, since the elder brother left no issue behind, your father's share would enhanced. The share of the deceased brother would vest on your father and grand father equitably. Your uncle, since he is a post partition child, would likewise enjoy a right of a share in the ancestral property by virtue of birth under the Hindu Succession Act, 1956.
If the property is self-acquired by your grandfather, that is, it was given to him at partition and is only his, then he can sell it without your father's consent.
Regarding the question of your grandfather's mental capacity at the time of sale, generally, if he is said not to have been in sound mind, that will probably be a burden for the party that appealed the sale-your father. However, if the buyer knew about the said mental incapacity of your grandfather, they will then be challenged to establish, in turn, that the sale was made in good faith and that his grandfather was capable at the time.
Thank you.Hope this answers your query.
Show partition deed. Your father has share in it.
- Since, your father was a minor at the time of execution of the Partition deed, hence now he has right to claim his share legally.
- Further, your grand father has no right over the property which is in the name of your father , and hence he cannot sell the same without taking the consent of your father.
- If there is no name mentioned in the partition deed of your fathers younger brother in the partition deed then he has no right to claim over the property.
- Further , after the demise of your childless elder brother of your father , his share will go to his second class legal heirs i.e. your brother and other siblings.
It will be equal shares of the property depending on no of heirs
