• Partition deed of ancestral property

My father (85 years old) wants to make a partition deed for his ancestral property, which is an agricultural land.  He wants to make four equal divisions; three for the children and one for himself. I am the youngest son (55, married with two children), my first eldest sister (59, widow with two children, married in 1975) and second eldest sister (57, never married nor has adopted anyone). My father wants to give his share of property to me.

I have the following questions:
1. Should my father mention in the partition deed that he is giving his share of ancestral property to me.
2. Is my first eldest sister who got married in 1975 eligible for a share in the ancestral property?
3. Should all the children agree and sign this partition deed?
4. My second eldest sister who is not married nor has children can give her share of ancestral property to anyone of her choice?
Asked 8 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) please clarify on what basis you say property is ancestral 

2) eldest sister would have share in ancestral property 

3) second sister can give her share to any family member 

4) father can give his share  of property to you 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
1. If it is ancestral property then every coparcener is entitled to an equal share. However, if it is his own share in the ancestral property then he is free to bequeath it to anyone he desires.

2. Depending on the date of demise of karta your sister may or may not be entitled to a share in the ancestral property.

3. Partition deed should be signed by all the legal heirs.

4. Anyone can give his share in the ancestral property to anyone.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Should my father mention in the partition deed that he is giving his share of ancestral property to me.
==Your father cannot give the entire property to you.  At the most he can gift his share i.e. 1/4th share of property to you.

2. Is my first eldest sister who got married in 1975 eligible for a share in the ancestral property?
==yes, 1/4th share. 

3. Should all the children agree and sign this partition deed?
==Yes. 

4. My second eldest sister who is not married nor has children can give her share of ancestral property to anyone of her choice?
==Yes, she can give her 1/4th share to anyone, even to outsiders. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1. When your father is partitioning the property amongst his children, including keeping one share for himself, there is no need for your father to mention in the partition deed that he is going to give his share of the property at a later date to you.
2. Your eldest sister who is married is also entitled for her share in the ancestral property.
3. All the legal heirs have to agree and sign the partition deed.
4. Your elder sister, who is a spinster, can either retain her share in the property or can do anything with it or to sell or Gift the property to any one of her choice or to relinquish her share in the property in favour of any person, including her family member/s.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. Should my father mention in the partition deed that he is giving his share of ancestral property to me.

Yes, if your father intends to transfer his share of property to you, he can very well mention the same in the registered partition deed itself so that you can avoid paying stamp duty for a separate deed in this regard.


2. Is my first eldest sister who got married in 1975 eligible for a share in the ancestral property?

Your eldest sister who got married in the year 1975 is no doubt not eligible for a share in the ancestral property, if your father is willing to give her a share out of his share in the ancestral property, there is no legal infirmity in it. 




3. Should all the children agree and sign this partition deed?

Th signature of the children in the proposed registered partition deed  is not necessary since they will be acquiring the share out of their father's share only.







4. My second eldest sister who is not married nor has children can give her share of ancestral property to anyone of her choice?
Yes.

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
A. First, on what basis, How did you come to conclusion as to ancestral property ?

B. Since the property nature is ancestral property, your father and three children has equal right over the property.

C. Your married and unmarried sister has equal right over the ancestral property beacause of your father still alive and Marriage is immaterail thing herein.

D. You can entered into partition deed, If the division of the property is Justify.

E. Once the property share confirmed through rigistered partition deed that your unmarried sister can alienate or transfer to anyone without your consent. However, you are having first preferential or pre emptive right over the property.

G. Your father can execute release deed in favour you with respect to his proportionate share.  
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
Q - should my father mention in the partition deed that he is giving his share of ancestral property to me.
A- each share of the beneficiaries must be clearly mentioned. an ambiguous document may create opportunity for litigation. 

Q - Is my first eldest sister who got married in 1975 eligible for a share in the ancestral property?
A- after amendment in succession act, she is entitled for this.

Q- should all the children agree and sign this partition deed?
A- If father makes Will then no need to sign, if he makes partition then signature is mandatory. 

Q- My second eldest sister who is not married nor has children can give her share of ancestral property to anyone of her choice?
A- Yes, she can do it but after taking possession on the property. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
It is good that your father wishes to make a partition of the agricultural land during his lifetime itself, if this document is registered it is all the more better and legally it becomes binding on the concerned parties. After partitioning the land that is 1/4th share each, he can transfer or release his share in your favour with the signatures of the remaining siblings to avoid future disputes. Post which you become the absolute owner of his 1/4th Share to hold and enjoy the same for the rest of your life.
Your elder sister is not eligible for a share, but if your father has decided to give 1/4th share to her then it is ok.
All the children must sign the deed giving their consent.
After your second sister gets her share she can give her share to anyone of her choice.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0

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