chinmay sahoo (ce(m)) 14 March 2014

Partition status

DEAR SIRS,

I AM A HINDU FROM ORISSA. I WANT TO KNOW THE FOLLOWING.

MY FATHER & HIS BROTHER ( THEY HAD NO SISTER ) PARTITIONED LANDED PROPERTY BELONGING TO THEIR MOTHER IN 1972 & GOT IT REGISTERED. THE TWO PARTS WERE ALSO PHYSICALLY DEMARCATED.MY FATHER & HIS FOUR SONS JOINTLY HOLD ONE PART OF THE PROPERTY , WHICH IS NOT PHYSICALLY DEMARCATED AMONG MY FATHER & HIS SONS SINCE THE YEAR OF REGISTRATION-1972. MY QUESTION IS- SINCE MY FATHER & HIS SONS JOINTLY HOLD ONE PART OF THE PROPERTY ( WITHOUT ANY PHYSICAL DEMARCATION/PARTITION), WILL IT BE CONSIDERED AS PARTITION AMONG MY FATHER AND HIS SONS?

REGARDS,

C SAHOO

Reply Follow

3 Replies

Advocate Vishnu (Advocate) 14 March 2014

Is the property - self acquired property of the mother...?

Subash M R (Advocate) 14 March 2014

The answer to this query is: 'No'.

Thanking you,

Subash.M.R.Advocate

chinmay sahoo (ce(m)) 17 March 2014

dear sirs,

I WANT TO MODIFY MY QUERY

WE ARE HINDUS FROM ORISSA. MY PATERNAL GRAND MOTHER ACQUIRED LANDED PROPERTY IN 1945 , PROBABLY FINANCED BY HER HUSBAND. HER HUSBAND PASSES AWAY IN 1946. NOW, WHETHER THIS PROPERTY WILL BE TREATED AS ANCESTRAL PROPERTY OR SELF-ACQUIRED PROPERTY OF MY GRAND MOTHER ? IN 1972 ( DEED REGISTERED) SHE GAVE ONE PORTION OF THE PROPERTY JOINTLY TO HIS ELDEST SON ( MY FATHER) & HIS FOUR SONS. THOUGH WE HAD A SISTER, SHE WAS NOT INCLUDED IN THE SAID PORTION OF THE PROPERTY.MY GRAND MOTHER PASSED AWAY IN 2000. MY FATHER PASSED AWAY IN 2012. WE HAVE A SISTER. WHAT WILL BE THE SHARE OF MY SISTER IN THE PROPERTY HELD JOINTLY BY MY FATHER AND HIS FOUR SONS?

C SAHOO