• Ancestral property division

My grand father made a partition deed between him and his children namely 2 sons and 3 daughters and himself, in 1959. These properties were ancestral properties. Grand father has died leaving behind his property, the share is decreed as 1/5th between his 5 children. My question is can my son or daughter who are less than 21 yrs of age file a case and challenge the 1959 partition deed saying My grand father had no right to partition ancestral property in to 6 divisions it was against law. Now after getting properties in the 1959 partition deed, the daughters of my grand father ie: my aunts are now claiming for equal partition in the intestate property of my grand father. Kindly advice

regards

Ram
Asked 11 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) once partition deed has been made duly stamped and registered share of each coparecener would be his self acquired property . 

2) it ceases to be ancestral property . 

3) your children have no claim on said property 

4) as far as your grand father share is concerned on his demise his share would devolve on his sons and daughters equally 

Ajay Sethi
Advocate, Mumbai
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1. Your children do not have any right in the properties except if the properties were ancestral on the date of their birth. If the ancestral character of the property was severed before the partition actually took place then the heirs cannot claim the property as ancestral. Severance of ancestral status of the property before the birth of the heir who claims the property as ancestral takes him out of the coparcenory.  

2. Prior to September 2005 the daughters had no substantive share in the ancestral properties. 
Ashish Davessar
Advocate, Jaipur
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My question is can my son or daughter who are less than 21 yrs of age file a case and challenge the 1959 partition deed saying My grand father had no right to partition ancestral property in to 6 divisions it was against law. Now after getting properties in the 1959 partition deed, the daughters of my grand father ie: my aunts are now claiming for equal partition in the intestate property of my grand father. Kindly advice

Your grandfather had very properly partitioned his share of ancestral property into 6 shares and allotting one sch equal share to all his 5 children and retained one share for him. 
During 1959, the daughters were not entitled for a share in the ancestral property at par with the sons of the family, however your grandfather was magnanimous to share the properties equally to all of his children.
Once a property was partitioned it loses its ancestral identity or status, therefore the subsequent generations do not have any right to claim their share on the basis of coparceners in the ancestral properties whose status is extinguished.   
Now to the intestate share of your grandfather.
The legal heirs of your grandfather, i.e., all his 5 children are entitled to a share in the  share of property  of your grandfather who left it intestate upon his death. 
Therefore there is no legal infirmity in your paternal aunts claiming an equal share out of the said intestate property left behind by your grandfather. 
T Kalaiselvan
Advocate, Vellore
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Final decree proceedings are still going on, as of now the preliminary decree can be changed at this time, if we succeed in staying all the properties listed in the 1959 partition deed which is flawed. I can not do it because I have appeared in the FDP proceedings after my father died. Hence the question whether my son or daughter can cahllenge and reopen the partition deed of 1959. 
If the court has already passed the preliminary decree against you, it will be very hard for you to challenge the same through your children.  If at all there was nay minor interest involved in the matter while you had entered appearance and participated in the partition suit, you could have defended their interest and also it becomes your duty to defend and protect the interest of your minor children at that time, but you remained not to rake up the issue on that line then, so if any move by your children at this time may raise all types question. Why I am insisting on this that the opponent lawyer may raise this question of law hence you may prepare yourself to defend the case on that aspect too. 
T Kalaiselvan
Advocate, Vellore
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1. When your grandfather executed & registered the partition deed of the property, it no longer stayed as an ancestral property for your children,

2. Your Aunts can not claim share of your grandfather's property who died before the year 2005 as per the recent Judgement passed by the Supreme Court stating that daughters will have no claim on the properties of their fathers who died before the year 2005.
Krishna Kishore Ganguly
Advocate, Kolkata
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