Effect of partition
Adv. khojraj Dhanraj Nerkar
(Querist) 11 May 2012
This query is : Resolved
what is the effect of partition of the Ancestral Property?
whether the status of the Ancestral property is changed to the self acquired property after partition?
In the ancestral property a coparcener dies no doubt devolution of the property is according to survivor ship i.e. property goes to surviving coparceners, but if there is partition of the Ancestral Property and the person dies intestate whether the devolution of property will be by survivor ship or succession?
Anirudh
(Expert) 11 May 2012
First and foremost one is to be sure that the property was 'ancestra' - this is very much necessary to first determine. Many persons make mistake only in this. This mistake is mainly due to their own understanding while the legal position is quite different.
If the property was ancestral, then even after partition, it will continue to retain its character throughout.
Shonee Kapoor
(Expert) 11 May 2012
It won't change its colour and nature even after partition.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 11 May 2012
yes its will be as ancestral property only..
for example: the property is divided between the 3rd generation legal heirs mean its will be the ancestral property to their legal heirs[4th generation]
-tom-
