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VENUGOPAL LV   11 February 2018

property rights

An ancestor property in tamilnadu is now in the name of my dad, but he died in 1979. i have two sisters, in which one sister died unmarried. Another sister was married in 1984, and my mother died in 1989.

Now patta is in my name along with my sister's name, but the land is not partioned yet.

As my sister got married before 1989, does she have equal rights in my father's property?

As per act 1956, a notional partition should be made to all the heirs. So, what's her interest in the property?

kindly send me your suggestions.


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 5 Replies

R.Ramachandran (Advocate)     11 February 2018

Please indicate as to how your Father got that property? Indicate in which year your father got that property?

VENUGOPAL LV   11 February 2018

My father got a part of land by partition in 1956 and purchased another part of land from my grandfather in 1962. It is an ancestral property to my grandfather as well.

R.Ramachandran (Advocate)     12 February 2018

The partition in 1956 took place between whom?

Whether the that portion of the land which was purchased by your father from his father (your grand father) was the share that fell to the share of your grandfather in the partition?

On what basis your sister's name appears in the Patta and which year her name appears in the Patta?

VENUGOPAL LV   13 February 2018

In 1956, partition happened between my grandfather and his two sons(including my dad). And in 1962, my dad purchased my grandfather's share of land. In patta, my name and my sister's name appears as we are the legal heirs present now. My sister's name appears in patta from year 2006

R.Ramachandran (Advocate)     13 February 2018

The property in your father's hand was Ancestral.

The partition has rightly taken place between the male coparceners in the year 1956 as per the law existing then.  Your sisters were not coparceners then and therefore are not eligible for any share in the partition.  This is also for the reason that Hindu Succession (Tamil Nadu AmendmentAct, 1989 came only in 1989 and before that the partition has taken place in your case.  The Tamilnadu Amendment Act also provides that 

(a) nothing   in  this  chapter  shall  apply  to a daughter  married  before  the commencement  of Hindu  Succession  (Tamil  Nadu  Amendment) Act, 1986.  

(b) Nothing  in  clause  (ii)  shall  supply  to a Partition  which  had  been  effected before the date of    commencement of the Hindu Succession(Tamil Nadu Amendment) Act, 1989.

Therefore, your sisters were not eligible for any share in the partition.

When it was partitioned in the year 1956, the property that fell to the share of your father was his personal/private property (not any more ancestral property).

But, the property which you and your brother got in the partition are ancestral property in your and your brother's hand so far as it relates to your children.

Now when your father died in the year 1979, his share in the property, will go by way of inheritence by all his legal heirs (your mother, you, your brother and sister) equally. 

Similarly, when your mother died in the year 1989 her share will go by way of inheritence by all her legal heirs ( you, your brother and sister) equally. 

 


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