Hi,

We have a land in the name of our father. He had 2 sons and 2 daughters. I am one of the daughters. I got married in 1989 and my sister got married in 1955. Will this date affect the partition according to the hindu partition Act of 1956? My father expired in 1983. But, we came to know the fact that he had the land in his name only in 2004, 21 years after his death. I wanted to ask how the partition of the land will take place. By notional partition i.e. 1/3 rd land to father and to his two sons each and then an equal partition of fathers share amongst 2 sons and 2 daughters. In this case, I will get only 1/12the share. Or will the partition take place equally amongst sons and daughters i.e. 1/4th to all? Since we came to know about the property only in 2004 and not at the time of his death. Also, my father also did not know about the property when he was alive. Plz help me regarding the partition of the property and the share.

Dear Xan,

The partition of your father's property shall follow the line of natural succession, meaning thereby, that the land shall devolve (be transferred) equally to all the legal heirs of your father. Since, you did not mention if your mother is alive or not, I shall presume that the four of you i.e. 2 brothers and 2 sisters are the only successors. The property will be therefore, transferred equally to all four and thus you shall get 1/4th of the total share. The date of death or coming to know of the property shall have NO bearing on the succession.

P.S. although not wholly relevant, please note your future reference, it is The Hindu Succession Act, 1956, instead of The Hindu Partition Act.

Cheerz

Sarvpreet Singh Gurna

Advocate

07508677307

Dear Xan,

The partition of your father's property shall follow the line of natural succession, meaning thereby, that the land shall devolve (be transferred) equally to all the legal heirs of your father. Since, you did not mention if your mother is alive or not, I shall presume that the four of you i.e. 2 brothers and 2 sisters are the only successors. The property will be therefore, transferred equally to all four and thus you shall get 1/4th of the total share. The date of death or coming to know of the property shall have NO bearing on the succession.

P.S. although not wholly relevant, please note your future reference, it is The Hindu Succession Act, 1956, instead of The Hindu Partition Act.

Cheerz

Sarvpreet Singh Gurna

Advocate

07508677307

If the property still in the name of your father then you will get 1/4th share, if your mother is alive then 1/5th share.

Dear Querist,

If the land was acquired by your father from his own funds, the same is his self acquired property, and no question of notional partition arises. Notional partition comes into play only in case of ancestral property. In the absence of any will being left by your father, all the legal heirs of the father i.e his widow, mother, sons, daughters would succeed to the land equally. Therefore, you have 1/4th share in the land, with the other three shares being held by your sister and two brothers. The date of your marriage is immaterial.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Ashish Sir, It is a property acquired by my father from my grandfather..what would be tha case then?