Partition of Ancestral & father/ grand fathers Property
Mahesh
(Querist) 10 January 2011
This query is : Resolved
Our grand father passed away in 1976 and he had 4 sons and 1 daughter. Our grand mother has also passed away 10 years ago. Immediately after my grand father's demise - 4 sons and 1 daughter had done a partition themselves just to avoid the land ceiling law came into effect during Indra Gandhi's regime.
All 5 are married and the eldest son has also died about 4 years back. Subsequently the wife of eldest son has also passed away.
Elder son had only 1 son
2nd son has 2 sons and 2 daughters
3rd son has 2 sons and 1 daughter
4th son (my father) has 1 son and 1 daughter
5th was daughter (married & has 1 son and 1 daughter.
Everyone agrees that the partition done in 1976 is not the right one and hence, they are now wanting to partition their ancestral & father acquired property. They have agreed to partition it equally.
Few queries I have;
1) Is is necessary to add our name (grand sons/ daughters) as heirs in the deed & sign? There are 5 schedules (for 4 sons and 1 daughter of our grand father) in the deed. In each deed they mention the son's name & their subsequent major son's/ daughters as heirs of that property.
i) Is this correct?
ii) What are the complications if they don't add us (major grand children in the partition) or we don't sign the partition deed?
2) Does daughter (5th)'s son & daughter have any legal rights on this ancestral or grand father's property?
3) My father (4th Son) would like to do his family partition as well in this deed itself by sharing his share equally to myself & my sister. Is this again correct & doable?
4) Are there any other things which we should be aware of at this juncture.
Looking forward for expert opinion on this matter.
Thanks and Regards
Mahesh
Y V Vishweshwar Rao
(Expert) 10 January 2011
1- There is no wrong in re-opening the past partition with mutual Consent and re- partitioning the same to do justice to all the parties and to work out equities ! Five Schedules are correct . Each Schedule collectively to one branch ( 4 sons one Daughters )
i- the same is correct
ii ) Re-opening of past partition is with mutual consent all parties & Each son and daughter and their children who are having interest in HUF property - the Children joining in th deed is required to avoid future complications -as it is already partitioned - now it is re- opening of past partition with mutual consent of all parties
2- Yes
3- Yes it is possible ( but it becomes complicated for drafting partition deed) After partition between Your father and his brothers & sister - You and your father can executed & Register another partition deed in between you only - there by there will not be any variation in stamp duty
4 Execute and Register the partition deed - Original , duplicate , Triplicate - etc as many as the number of share holders and mention in the partition deed how many copies are being Registered along with the original Partition Deed and also mention which is the title Deed of the Respective party to the partition deed.
Mahesh
(Querist) 10 January 2011
Thanks Mr. Rao for your quick response!
Clarification on point 1)
If we grand children do not sign or don't be mentioned in the deed;
i) Can the sale deed be registered yet?
ii) What are the future complications which you have highlighted in your response?
A similar question: Does all grand children or great grand children name to be mentioned or only those who are 18+ years age?
Thanks once again for your valuable response.
Thanks
Mahesh
Y V Vishweshwar Rao
(Expert) 11 January 2011
1-Partition of HUF Properties between sons and Daughter mentioning their respective family members/branch and representing their unit family /is also possible
2- The Joining of Children of predeceased son is required and Major Grand sons is also required -to avoid disputes in future on the issue of re-opened partition & Re- Partition .
3- In Partition sale Deed will not come in to picture -except when one share holder sold his share to other family member .This also can be adjusted in the partition deed by taking consideration for his share and releasing his share to other share holder to whom he wanted to transfer his share!
Any how the suggestions are general suggestions - in nature - the Facts of the case to be closely verified by local advocate with reference to old partition/Deed/Documents , share holders claims for re- opening the partition , their requirements and other facts of the properties .
