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Daughter's right on father's property acquired through family partitioning

(Querist) 10 February 2016 This query is : Resolved 
My grandfather(My mother's father) acquired a property through family partitioning (along with his brothers) in 1965.

He died intestate in 1986 leaving a wife, 2 sons and a daughter(All 4 of them are alive now).

My mother got married in 1984 and belongs to Tamil Nadu.

Will she have the share the above said property?

My understanding is that, if a property is partitioned, it is no longer an ancestral property. Will it be considered as a self-acquired property?


rajagopal.s (Expert) 10 February 2016
yes she will
as it is a partitioned property, it will become an absolute property of your grand father and his wife,2 sons and daughter will get equal shares.
Arun Kumar (Querist) 10 February 2016
THanks Rajagopal. If there is a house inside the property, Will she get the share on that house too?
kavksatyanarayana (Expert) 10 February 2016
In the entire property whether the house or lands or both, his wife, two sons and daughter have equal rights over the property.
Rajendra K Goyal (Expert) 11 February 2016
She has share in the property along with other legal heirs.
Anirudh (Expert) 11 February 2016
What is vital is to know as to how did your mother's GRANDfather got the property. Did he acquire it himself, or got it from his father?

If he acquired it himself, in which year did he die?

HOWEVER, if your mother's Grandfather got it from his father, then you have to indicate as to in which year he got it?
Arun Kumar (Querist) 11 February 2016
@Anirudh, I don't have the details at this moment since it is more than 51 years old. Does these information really matter? As per the above other answers, the mentioned property lost the ancestoral nature because it was clearly partitioned.
Anirudh (Expert) 11 February 2016
The information is vital to form an opinion to the query.

Mere partition would not mean that the ancestral character of the property (if it was in fact ancestral to start with) has also been lost. The answer to your query will depend whether the property is ancestral or not.
Kumar Doab (Expert) 11 February 2016
Obtain the copy of mutation record.
Arun Kumar (Querist) 11 February 2016
@Kumar,
As per the revenue record(From Thasildhar office), the mentioned property belongs to my grandfather.

@Anirudh, I need to visit the Sub-Registrar office to get information. Not available at this moment.
rajagopal.s (Expert) 11 February 2016
Hi
My view is that once the partition has happened, it becomes an absolute property.
All you need to have is the partition documents and the subsequent title deeds pertaining to the property.
With respect to your query, on house inside the property, your mother will have share in the house property too. but if her brothers are living in the house, then she needs to ensure their interests also.
Dr J C Vashista (Expert) 12 February 2016
1. Whether the partition deed was registered? If so, it would be absolute property of the grandfather of your mother, even then, it shall retain its ancestral tag.
If the partition deed was unregistered then it would be taken as inherited and ancestral property.
The share of grandfather of your mother shall devolve upon his wife and sons if he had expired before September 2005.
Anirudh (Expert) 12 February 2016
I am very sorry. It is absolutely incorrect to state that once partition took place - the property loses its ancestral character.

I shall be grateful if the Experts can say so in respect of the following example.

Assume in a particular case, the property was ANCESTRAL to start with. The same was partitioned (and even registered) between the co-parceners. The co-parceners have sons (now daughters also). In this situation whether the property in the hand of the person who received the property in partition is his absolute property or ANCESTRAL Property?

Will such a property loose its ancestral character?

Can we give some reply to the querist, without first confirming as to what we say is correct or not?
Anirudh (Expert) 12 February 2016
@ Arun Kumar,

You are free to take whichever reply suits you (forgetting whether it is legally correct or not).

I plead my inability to give answer in the absence of adequate and material information. This is because, I feel that one should own responsibility to the correctness of the answers given, rather than dishing out some replies whether it has legal basis/support for the same or not.
Arun Kumar (Querist) 19 February 2016
@Anirudh/All, The above said property is bought by my grandfather's mother(My mother's paternal grandmother) in 1944.

As I said it was partitioned in 1965 by my grandfather's mother and her sons(my mother's father is one among them).


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