Right on ancestor property
Querist :
Anonymous
(Querist) 28 January 2012
This query is : Resolved
Dear Sirs, I am writing this hoping to get a reply at the earliest possible. I am from Kerala.
We purchased a property from Mr. X in 2000. Mr. X is still alive. Mr. X got this property through partition after Mr. X's fathers death. The partition occured in 1994 and in the partition deed Mr. X, His brother & His sister are included.
Let us call X's father Y. Y got the property through partition after Y's fathers death. Partition was done in 1964.
Y got from his father in 1936 after his fathers death, again thru partition, All these people belong to Hindu Thiyya caste.
Now Mr. X has a son who is claiming that he has 50% share on the property which we purchased.
1. Is that correct.
2. What will be our position if X's son approaches to court?
3. Will there be any advantage to us by telling the fact that we are owning and paying the tax of the land for last 11 years?
4. Mr X has mentioned in the sale deed that there is no other owners for the land and also mentioned that he and his other properties will be liable if something like that arises. DOes this give us any upper hand.
Please advice us what to do now?
Raj Kumar Makkad
(Expert) 28 January 2012
1. No.
2. The property sold by x is his self acquired property so his son has got no legal right thereon.
3. You need not dependent upon this fact because this is not the issue. You have legally purchased from lawful owner of the property.
4. Yes.
Enjoy your property freely without any fear as the same shall remain with you, however, obtain certified copies of land in dispute since 1936.
Raj Kumar Makkad
(Expert) 28 January 2012
1. No.
2. The property sold by x is his self acquired property so his son has got no legal right thereon.
3. You need not dependent upon this fact because this is not the issue. You have legally purchased from lawful owner of the property.
4. Yes.
Enjoy your property freely without any fear as the same shall remain with you, however, obtain certified copies of land in dispute since 1936 so that those may be used for evidence if any case is filed by the son of your seller.
Querist :
Anonymous
(Querist) 28 January 2012
Dear Raj Kumar Sir, Thanks for the prompt reply. I need few more clarifications. Mr. X got the property from his father after his fathers death through partition. And X belongs to thiyya family. Some people says that thiyya's born before 1976 has right on fathers ancestaral property. Is there anything that applies to thiyya only which over rides HSA. Thanks and waiting for your reply
Raj Kumar Makkad
(Expert) 28 January 2012
There is no any specific legal provision for Thiyya in HSA Act. As the mentioned land had already been partitioned at the time of the grandfather of X so the property in the hand of his father was his self acquired and not ancestral and similar was the situation with X.
H.M.Patnaik
(Expert) 28 January 2012
Mr. Makkad has adequately covered your both queries.
You are probably confused whether a parcel of ancestral property acquired by way of partition can be termed as a Self acquired property, so that such an owner can dispose off his property at own will without taking consent of the siblings.
You need not worry. You have received correct advice.
Querist :
Anonymous
(Querist) 28 January 2012
Thank you gentlemen for the kind advice. As Mr. Patnaik mentioned, I am confused. And that is because of the lawyers in Kerala, who told me that the siblings also has rights.
Querist :
Anonymous
(Querist) 29 January 2012
i am not sure. but heard of something called Thiyya Act. But again Thiyya's, I believe will be governed by the HSA of 1936. THe property in disuccsion was first partitioned in 1936, then in 1967 and then in 1994.
Suppose a joint family has got a property. Once it is partitioned, will it still remain as an ancestor property. LIke if the partition is done after the death of the head of the family. Please advice
M/s. Y-not legal services
(Expert) 29 January 2012
