VENUGOPAL LV 11 February 2018
R.Ramachandran (Advocate) 11 February 2018
VENUGOPAL LV 11 February 2018
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
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 Amendment) Act, 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.