vijairajesh (practitioner) 23 August 2014

Civil law - succession- ancestral property

Dear Learned Members,

Please Clarify the following:

A person Named "A" has got an ancestral Property. He is survived by two sons S1 & S2. S1 has got two sons named GS1 & GS2.

Scenario -1

Before the birth of GS1 And GS2, the property gets partitioned between "A" , S1 and S2. The respective share of the property belonging to S1 has been kept intact by S1. Whether GS1 and GS2 can claim a right over the partitioned property belonging to S1? Or is the partitioned property belonging to S1 is an absolute property in the hands of S1, thereby having full rights of disposition without any curtailment from GS1 and GS2?

Scenario -2

After the birth of GS1 And GS2, the property gets partitioned between "A" , S1 and S2 through an order of the court. The respective share of the property belonging to S1 has been kept intact by S1. Whether GS1 and GS2 can claim a right over the partitioned property belonging to S1? Or is the partitioned property belonging to S1 is an absolute property in the hands of S1, thereby having full rights of disposition without any curtailment from GS1 and GS2?

Will there be any change in the answers, in case in scenario 2, the property gets partitioned through a deed between "A", S1 and S2?

Please quote relevant provisions and case laws, if any.

Thanks,

Adv. K. Vijai Rajesh.

Reply Follow

2 Replies

Kumar Doab (FIN) 24 August 2014

After partition of the property the status should change to self acquired.

T. Kalaiselvan, Advocate (Advocate) 28 August 2014

Scenario 1: since the partition of ancestral properties have taken place between A and S1 before the birth of GS1 and GS2, the so partitioned share of property allocated to S1 becomes his own property with the ancestral nature of the property comes to an end therewith.GS11 and 2 cannot claim any share in it since there were not born when the property was partitioned. There has to be end for everything and for this, it is the end. Scenario 2: The situation reverses, since GS1 and 2 have already taken birth before the partition could be effected, they become entitled to a share out of S1's share of property. For case laws you search in indiakanoon.org, there are plenty of settled laws on the subject.