Fathers Ancestrial property
rajagopalan
(Querist) 17 March 2011
This query is : Resolved
Dear sir ,
Please give valuable information for the divison of fathers ancesrial property amoung childern in his life time.
M.Sheik Mohammed Ali
(Expert) 17 March 2011
10. Distribution of property among heirs in class I of the Schedule
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:
Rule 1-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2-The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4-The distribution of the share referred to in Rule 3-
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
R.Ramachandran
(Expert) 17 March 2011
Dear Mr. Sheik,
Mr. Rajagopalan wants as to how to go about partition of the ancestral property during the life time of his father.
You have provided the provisions in regard to distribution of property left behind by a deceased person without a testemantary disposition (intestate).
Reply to Mr. Rajagopalan'w query:
It is not clear from your query, whether the ancestral property had been first partitioned and your father had been given his portion. If so, then your father can divide the property equally amongst all his children (both sons and daughters) and himself. This can be done by making an instrument of partition on a stamp paper; making the partition in meets and bounds i.e. clearly demarcating the boundries that will fall to the share of each; and duly signed by all.
For drafting a proper partition deed, it would be advisable for you to approach a local lawyer.
M V Gupta
(Expert) 18 March 2011
I would like to give a small clarification. If what is in the hands of the father is the portion of the ancestral property which he got in partition, then it ceases to be ancestral and becomes his self acquisition. Nevertheless, if father wnats to distribute it eaqually amongst all his children, he can do so.
R.Ramachandran
(Expert) 18 March 2011
I beg to differ with the views of Mr. M.V.Gupta.
Once an ancestral property, it would continue to be an ancestral property it will never lose its character, unless the co-parcenar who got his share in partition is unmarried throughout his life.
On the contrary, a personal property can acquire the character of 'ancestral property' if the said property is partitioner by the owner between his children with express wish that the same should be treated as 'ancestral property'.
R.Ramachandran
(Expert) 18 March 2011
One more clarification to my earlier post. The ancestral property falling to the share of a female member would lose its 'ancestral' character and would become her personal property.
