Property devolution

vivek patil (Querist) 12 September 2020 This query is : Resolved
My Grand Father distributed his self earned and HUF immovable property amongst his 4 Sons located in Mumbai by registered partition deed dated 5 November 1955. in the same partition my father too got one property located in Western suburb of Mumbai.My name is also included in the same deed as a minor son of My Father .so there are three generation .my querry is will this be treated as a ancestral property? and since my name recorded in all govt documents as a joint holder am I entitled for 50% share in the same property .subsequently my other siblings one brother and two sisters born after year 1960. my father died intestate in year 1984.
as per latest supreme court judgement of Aug.2020 all are entitle for equal distribution of the property.is our property coparcenery property..please guide how to share the same amongst us.

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This discussion explores whether property devolved from a grandfather via a 1955 partition deed, which included a father and minor grandson, should be considered ancestral. Experts suggest that since the property was self-earned by the grandfather and settled through a deed, it's unlikely to be ancestral coparcenary property. The father's intestate property in 1984 would be divided according to the Hindu Succession Act among his heirs, and the 2020 Supreme Court judgment may not apply retrospectively. Consulting a local lawyer with all relevant documents is recommended for definitive advice.

Isaac Gabriel (Expert) 12 September 2020
Consult local lawyer and proceed.

Dr J C Vashista (Expert) 13 September 2020
Family settlement is valid and legal document where your name appears as one of the beneficiary, which has not been challenged by either of the sibling / LRs of your grand father since 1955.

P. Venu (Expert) 13 September 2020
The deed is one of settlement, not of partition.

How could be the property be ancestral when it had been self-earned property of the grandfather and he had settled the same among his sons? A settled deed is essentially a gift deed.

As to your relative rights in the property settled in favour of your father, no definite suggestion is possible unless the deed is perused and the terms examined.

Rajendra K Goyal (Expert) 13 September 2020
From the facts it is not an ancestral property.

However, show all related documents to local lawyer and discuss in detail.

K Rajasekharan (Expert) 13 September 2020
The share of property he retained for him cannot be treated as ancestral coparcenary property.

The intestate property belonging to him in 1984 will have to be divided among his legal heirs as per the Hindu Succession Act, if he is a Hindu.

If he had a predeceased legal hair that person's property will have to be divided among his/her legal heirs.

However the present judgement does not have any application to your case by any manner.

Rajendra K Goyal (Expert) 15 September 2020
Agree with the advice from expert K. Rajasekharan.

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