partition is not correctly done as per will ?
Querist :
Anonymous
(Querist) 28 September 2010
This query is : Resolved
our grand father make a will on 1954, after his death my father and step brothers partitioned the property by way of mutual understanding, but as per will they are not correctly partitioned and our father getting more property from the joint property, because he is elder son and others are minors. so our father property comes under ancesstral property or self equired property?
actually we are filling a suit for partition, but my father spokes that he is getting property from his father by way of will,so it is self equied property, you are no way concern share in the property.
as per will the property is not partioned, then what way we will consider the property.
our grand father not signed in the every page of will, isn't valid or not?
s.subramanian
(Expert) 28 September 2010
The will by your grand father will be deemed to be a partition deed only. Under Hindu Law,the Kartha of the Joint Family has the power to effect a partition by executing a will. Therefore the share that your father got under that will does not lose the nature of ancetraol property. He cannot cliam it to be his self acquistion under any law. If the will is not signed in every page that can be challenged and you have a good chance to succeeed in such challenge also.
Devajyoti Barman
(Expert) 28 September 2010
Whether your father got that property by Will or Partition, the nature of his share is ancestral and if the partition was made not in compliance of the direction of the Will then it was basically a mutual partition and the Will had no application and it was not acted upon either.
Legal Eagle
(Expert) 29 September 2010
Property acquired from ancestors is ancestral. If the will is not signed on all the pages, it can be contested against its validity. Also note if the partition is not as per the will, then you can move the court for the will to be executed. However, the same ground of no initial/ signature on each page be taken up by the other side.
Also note the say of the existing Karta and the step brothers will also be taken into consideration.
