Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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(Querist) 12 October 2009 This query is : Resolved 
When the sons were minor, certain ancestral agricultural lands were partitioned and registered in the name of the father , two out of seven brothers, grandmother, and mother to save the same from land ceiling. The remaining agricultural land remained in the name of the father, though it is ancestral. The books of account are common for all the income from various assets though registered in different names. The income tax return is filed separately for partitioned assets in the name of the brother, mother and in the name of the father which also has rental income from shops.
Now Sir, my query is:
(1) What is the status of the land received by father on partition ? Whether it is individual or H.U.F.?
(2) Whether the brothers in whose name the agricultural lands were registered to save it from land ceiling , do still have right in the non partitioned agricultural land(standing in the name of the father )? If yes, what will be the status of the land so received by the sons on its partition -individual or H.U.F.?
Raj Kumar Makkad (Expert) 12 October 2009
Though the entire land in question belonged to HUF and was ancestral but the same was shown legally partitioned. This means that the existence of HUF had ended on that day and individual had become its personal property and now they are also entitled equally to inherit the property of their father after his death.
jankidas (Querist) 19 October 2009
But Sir, respectfully I submit that what is received in partition is also treated as ancestral. So in this case, the father is receiving it from his father so it becomes ancestral in his hands- is it so ?

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