Partition of property
ksethuramalingam
(Querist) 20 January 2017
This query is : Resolved
Dear sir,
My father in law got ancestral property of his father.Out of this property he gave some property to my wife as donation ( dhanapathiram) For the balance property my father in law made a partition deed for him one share and his two sons one each.My mother in law is alive and my father in law expired in 1977.He has not made any will.
We are asking for one fourth of my father in laws share from the partitioned property. This is self acquired property of ancestral property?
My father in law's uncle expired without any child. My father in law's 2 sisters and one aunt filed a case for this property and he got a share out of this property through court order. Will it be considered as ancestral property or self acquired property.
Waiting for your kind reply.
Regards
K.Sethuramalingam
rajeev sharma
(Expert) 21 January 2017
The partition may not be opened now. The share of your father shall be divided as per Hindu law and you his wife and surviving son will get a share each.
your father in law's uncle's property will be too devolve according to Hindu law where the property will devolve upon his surviving wife first if she is not available the property will devolve as per class II category 4 which is
4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.
as you have stated that your father-in-law's uncle was not survived by any child Please consult a good civil lawyer with full facts.
Kumar Doab
(Expert) 21 January 2017
It is believed that you are all Hindu.
Confirm!
You have posted that: “My father in law got ancestral property of his father”
Was it self acquired property of his father?
It is ancestral property or not?
Confirm!
The shares of ClassI legal heirs shall be accordingly.
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is ... as ancestral property.
Kumar Doab
(Expert) 21 January 2017
>>> If it is not ancestral and self acquired then it shall devolve equally upon ClassI legal heirs’ of Father of your father in law, i.e; Mother, wife, sons, daughters……………
Thus your father in law alone cannot inherit it, until or unless NO other ClassI legal heir, other than him was present.
If NO other ClassI legal heir, other than him was present, then he is the sole heir and shall inherit fully.
The nature of inherited property is self acquired.
>>> What is: donation ( dhanapathiram)? Is it registered gift deed?
If yes then it should be valid.
>>> “For the balance property my father in law made a partition deed for him one share and his two sons one each.”
Is it by valid/registered partition deed?
If yes; after it the nature of property should be self acquired.
Daughter shall have equal share in self acquired estate left by father along with other ClassI legal heirs i.e. Mother, wife, sons, daughters. ………….
If mother of your father in law was pre deceased then your wife has 1/4th share.
Kumar Doab
(Expert) 21 January 2017
In case of your father in law's uncle's case also: CLassI legal heirs have first right.
The court has decided the matter.
It is believed that court shall not err in such matters and ClassI legal heirs were not present.
It is inheritance to ClassII legal heirs.
The nature of property should be self acquired.
Certainly you can show all docs on record to your own counsel specializing in revenue/property/civil matters, at your own location.
H.M.Patnaik
(Expert) 21 January 2017
Agreed with Expert view at above. Now, you can consult an experienced civil lawyer of your locality with docs. and facts for proper guidance.
Rajendra K Goyal
(Expert) 21 January 2017
Who, when how the property was purchased and how it came in the names of your father in law?
To decide whether the property is ancestral or not, show all related documents to local lawyer and discuss in detail.
ksethuramalingam
(Querist) 23 January 2017
Dear sirs,
Received your replies. Thank you very much for the same.
Regards
K.Sethuramalingam
Kumar Doab
(Expert) 24 January 2017
You are welcome.
We are happy to note that you have got your answers.
