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Naik MS (Private)     11 March 2025

Ancestral and self property

Dear sir

Total 6 acer of land from my father, 3 acer  purchased by my father before 1955 and 3 acer land from my grand father to my father, and total property partitioned by me and my father in 2004 by registerd partition deed, 5 acer registred to me and my father taken 1 acer, this one 1 acer land we written in partition deed after my father passed away this land goes to grand childern. and after my portion taken by partition deed i was sold 4 acer of land to third party. After everything   happen this  one of my sister filled partition suit for partition in 2005, pls suggest what is her share in this property. we are four children to my father my self one son, and three daughter my father passed away in 2007.



 16 Replies

T. Kalaiselvan, Advocate (Advocate)     11 March 2025

Your grandfather's property is not ancestral property. 

It becomes your father's self acquired property. 

If there was a registered partition deed then it cannot be challenged at this stage neither your siblings can claim any share in the property as a right. 

kavksatyanarayana (subregistrar/supdt.(retired))     11 March 2025

3 acres of land from your grandfather to your father, is this only from your grandfather or ancestors? If the 3 acres of land from your grandfather and 3 acres of land purchased by your father total extent of 6 acres will be treated as your father's property.   You have obtained 5 acres of land through a partition deed, but no one claims it.

Dr. J C Vashista (Advocate )     12 March 2025

None of the properties are ancestral.

Partition has to be between your father and all siblings, otherwise it is liable to be set aside even if it is registered.

Naik MS (Private)     12 March 2025

Dear Vashista sir

you are saying partition has to be between my father and all siblings, siblings means whose sibling, is my father or my sibling pls give suggestion.

kavksatyanarayana (subregistrar/supdt.(retired))     12 March 2025

Your siblings..........................................................

Naik MS (Private)     12 March 2025

Dear sir

 partition deed was happened between my self and my father, no one is party of the partition. 

T. Kalaiselvan, Advocate (Advocate)     12 March 2025

There's no infirmity in this.

After acquiring the property from his father your father becomes absolute owner of the property hence he can transfer property to you by a registered partition deed by retaining some of them.

Your siblings case seeking share in the property is not maintainable as per law 

Dr. J C Vashista (Advocate )     13 March 2025

Dear Ms. Madhu,

The siblings of author / concerned person and his / her father who is stated to have purchased / acquired subject property.

Naik MS (Private)     13 March 2025

Dear sir

one more point in this, my father taken one acer land to his name and matter written in partition deed it was after my father this one acer land goes to grandchildrens, who is grand childrens here, only my childrens or including daughters childrens . pls explain

Thank you

P. Venu (Advocate)     13 March 2025

The deed that has been executed is a settlement deed. The property settled in your favour belongs to you. The remaining property (1 acre) is to be settled in accordance with the citations in the deed. 

Naik MS (Private)     13 March 2025

Dear sir

Which means remaining property goes to all grand childrens( including daughters childrens or sons childrens) pls explain in detail. 

Thank you

T. Kalaiselvan, Advocate (Advocate)     13 March 2025

Any further and proper opinion will depend on the scrutiny of the relevant documents otherwise this thread will keep stretching with improper guidance or opinion hence you may consult an advocate having expertise in the field on all such further issues.

Dr. J C Vashista (Advocate )     14 March 2025

I endorse the advise of expert Mr. T Kalaiselvan ji, show relevant documents to a local prudent lawyer for proper appreciation and professional advise, which may differ with the experts on this platform based on limited facts posted.

Naik MS (Private)     14 March 2025

Dear sirs

Appreciate  your reply for my questions.

Thanks lot to everyone 


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