Once partition deed has been executed duly stamped and registered it ceases to be ancestral property
2) father can execute will and as per will you are entitled to 25 per cent share only
Will I get equal share in grand father property?
I am a senior citizen women from Andhra Pradesh. I am a married women since 42 years. We are 2 sisters and a brother. My father has a agricultural land in his name. He wrote a will stating 50% will go to son and 25% will go to each of the daughter. It's unregistered will and it had my father thumb instead of sign. My father died 10 years back. Recently my brother gave land to a developer for development of plots with 55% to owners and 45% to developer clause. The land that my father had is got from his father(my grand father). I didn't know weather it is self acquired by my grandfather or acquired from his father. My grand father didn't wrote a will and we are getting property on the basis of the partition deed done 50 years back. It is a registered partition deed. My father has 3 brothers and they did that partition deed 50 years back. Now the plots from the developer has to be registered in my name and my siblings. Till now I didn't sign anywhere accepting the 50% share to my brother. Now my questions are 1) will all 3 of us(brother, me and my sister) will get equal share or not? Or we have to go according to will? 2)Can my father wrote will for my grandfather properties without equal distribution?
Asked 7 months ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
After a registered partition deed effected, the share of property acquired by your father becomes his self acquired property.
Hence the Will written by him is very much valid.
As per the Will you and your sister are entitled to only half share each to that of your brother.
Now you have to see the development agreement in which the respective allotment of flats will be clearly mentioned.
All these sharing aspects would have been decided before the signing of the joint venture agreement.
You may go through the agreement conditions to know them better.
- Property accrued to father from his grandfather hence, it acquired character of ancestral property.
- Being ancestral will be distributed as per law of inheritance under Hindu Succession Act as amended.
- All sons and daughters share the property in equal shares.
- You are entitled to 1/3 of property with siblings.
Dear Client,
It is to be note that . if the said property is ancestral property inherited from your grandfather then under a registered partition deed, all the legal heirs (you, your sister, and brother) usually have an equal shares in the property under Hindu Succession Act, 1956, irrespective of your father's will. Your father's will cannot supersede the equal shares of siblings in ancestral property unless the property was self-acquired by your father. An individual cannot create a will that divides ancestral property in a disproportionate manner among beneficiaries if it compromises their legal rights. If the property was self-acquired by your father, he can bequeath it according to his wishes. However, if it is ancestral, his will cannot disinherit or diminish your share without your permission. Because the will is not registered but valid if signed properly (thumb impression is valid according to Supreme Court), it can be challenged but cannot override inheritance rights in ancestral property by default. You can take legal advice to establish the character of the property (ancestral or self-acquired) and safeguard your rights. In case of disputes, you can go to a civil court for partition and declaration of shares.
1. If the WILL has two witnesses signature, then the property would devolve as per the contents of the WILL.
2. As you have mentioned in your query that your father got this property due to registered Partition Deed. The portion of the property your father got through registered Partition Deed was your father's separate property having the characteristics of a self acquired property. Hence your father was competent to execute a WILL for the property he got through Partition Deed.
If it has been received by a registered partition deed then it will be self acquired property of your father. If you want to challenge the share percentage then you need to challenge the will
1) Will the three of you get equal shares or follow the will?
-
The unregistered will can still be valid, but it’s open to challenge due to the lack of a signature and the thumb impression. If the will is invalid, the property will be divided equally among the three children (brother and two sisters).
-
If the will is upheld, your brother will get 50%, and each sister will get 25%, as per your father’s instructions.
2) Can your father write a will for your grandfather's property?
-
If the property is ancestral, it should be divided equally among the legal heirs (your father and his brothers). A will that deviates from this can be contested.
-
If it’s self-acquired property by your grandfather, your father could will his share with unequal distribution.
- If your father has got the said land after a registered partition deed , then it will considered his self acquired property
- Further, as your father has already written a Will in the presence of two witnesses ,then you will get the same share which is mentioned in the said Will.
MADAM,
Baed on the information provided by you, it is suggested that once the grand fathers' s property was acquired by father and the same was patitioned 50 years back. The same will be treated as the self acquired proeprty of father and he would be able to write the WILL as per his wish. There are several judgments of supreme court on this aspect. So, you will be able to get 25% share, brother will get 50% and your sister will get 25% share.
