Can I file a partition suit
Ours is a Hindu family. My grandfather use to run a business. He purchased some properties
out of the money earned from business (his own income). He died in 1959. He has three sons
(say A, B and C) who are all married by that time. Till 1963 the three sons lived as joint family.
In 1963 the three brothers made partition of their father's property. At this time all three
sons also have one son each (say son A1 born to A , B1 to B, C1 to C). The grand father's
property was divided between A, B and C. However in the partition deed the grandsons names
were also included. A and his minor son A1 jointly got few houses and some cash. B and his
minor son B1 jointly got few houses and some cash. C and his minor son C1 jointly got few
houses and some cash.
C has later given birth to two more sons (C2 and C3) and two daughters. C is also employed
and use to get some salary. C bought few plots in 1964 and 1965. All these plots are on his
name. As his salary was very meager probably he purchased the plots out of the cash received on
partition. On one plot he built a house in 1970 where we are presently living. He sold one house received on partition to build this house. Now except for this house C disposed of all the plots. Long time back he disposed of few plots for daughters marriage. In the year 2000 he disposed of few plots and gave money to C2 who is doing business. Also in 2006 C gifted one prime plot (valuing Rs 3 crores on those days) to C2.C2 disposed of this plot in 2007.C1 and C3 are in employment.
Can you please clarify the following:
1. Is the relation between C and C1 a joint hindu family (in the partition document both C and
C1 received properties jointly)?
2. As far as the grandson C1 is concerned what is the nature of the property which C and C1
received on partition? Is this ancestral property?
3. What is the nature of the plots purchased by C in 1963 and 1964 (assuming C bought from
the cash received on partition)? Can they also be called as ancestral property?
4. Can C3 file a suit on C and C2 asking to pay 1/4 value of the plot gifted by C to C2?
5. Can C3 file a suit on his father C for partition of the house? The plot is bought by C in
1965 (probably out of the money received on partition in 1963). The house was constructed in
1970. To construct this house C sold one of the properties he received on partition in 1963. I fear C may gift this house to C2.
Thanks in Advance.
Asked in Property Law from Hyderabad, Telangana
1) it is grand father self acquired property
2) on his demise property divided among the 3 sons
3 it would be self acquired property
4) plots purchased by C from money received on partition would not be ancestral property
5)C3 cannot file suit and claim one fourth share in property
6) C 3 cannot file suit for partition to claim his share in property received by father
1. No, it is not a joint or Hindu undivided family property.
As a matter of fact, C's son need not have been included in the partition deed and similarly the A and B's sons too need not have been mentioned in the partition deed. Because they are all not entitled to a share in the property during their father's' life time. However there is nothing to be bases on this partitioned property for the further disposals and transactions made by C.
2. C1 was not entitled to a share in the property at all so the property written in his name can be called as a family arrangement. In any case it is not an ancestral property.
3. No they are C's own property after partition. No question of ancestral property.
5. C3 cannot file a suit against hie father C for partition or any other reason with regard to this property.
C has got full rights in the entire properties.
During late eighties and early nineties C use to file two separate income tax returns on a yearly basis viz. one for the salary income as individual and second for house rents received as HUF income (even though the house is on C’s name as per the sale deed/municipal records). The HUF returns for the rents received on house property are filed every year till around 1995. The HUF return copies are hidden/destroyed by C2 and he is trying to get the house gifted to him by C. When we checked with Income tax authorities they said that they do not retain any documents beyond 12 years and cannot provide copies of income tax returns. Is there a way where we can establish that the house is a HUF property and can C1 and C3 claim a share in the house property?
Asked 10 months ago
Until and unless there is any document to prove that the property comes under HUF, it will not be possible to claim any privilege under that clause.
Have you seen the IT returns filed separately by him during that time in person? or
Whether you presume this on the hearsay information? However without documentary proof it cannot be ascertained.
Moreover it may not even fall under HUF by all probabilities given the nature.
Even if he presumed to have filed the same it might be to avoid income tax and nothing serious about it. Moreover he discontinued the same from the year 1995, so there cannot be any claim on that basis after two decades.
If C died intestate then the other heirs can claim a share in the property as a right, ascertain the possibilities of filing a partition suit,
You have no evidence to prove it is HUF property
2) if you are sable to prove it is HUF property then CI and C3 can claim share in property standing in name of C