aksinha 04 May 2017

Ancestral property becoming self acquired on partition

Sir,

Facts of case: 'A' and 'B' Brothers inherit Ancestral Property (Dwelling House) created by their GRAND father.

Father of 'A' and 'B' dies in 1951.

'A' has 2 Sons 'C' and 'D' born in 1948 and 1952 respectively.

'B' has only 1 daughter 'E' born in 1951. 'B' dies in 1967; His Half portion of House is transferred to his wife and then to his daughter 'E' after her death in 1985.

The Ancestral House was divided in equal portions between 'A and 'E' through a Partition Suit and Decree in a Civil Court in 2015. The Partition Case was filed by 'A' ALONE in 2004. Sons of 'A' ie 'C' and 'D' were NOT plaintiffs in the case.

QUESTION: Does the Half portion of Dwelling House acquired by 'A' become his 'self acquired Property' after the Partition Decree? If so, please give some case law.

best regards

AK Sinha

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5 Replies

Kumar Doab (FIN) 04 May 2017

The nature of property after partition should be Self Acquired.

Your own counsel shall provide suitable case laws.

aksinha 04 May 2017

Thank You Sir. My counsel, incidently is not of this position. I will try finding out the case law, fr information of similarly placed persons las ME. Best regards

aksinha 04 May 2017

Thank You Sir. My counsel, incidently is not of this position. I will try finding out the case law, fr information of similarly placed persons as ME. Best regards

aksinha 09 May 2017

Dear Mr Kumar Sir, Just one more clarification, in the above case. I understand that after court partition of the ancestral property between 'A' and his brother's daughter 'E', the property is treated as 'self acquired', in the hands of 'A' and 'E'. Can the Sons of 'A' claim share in the same as 'ancestral property' because the property was actually created by A's grandfather? In other words, will it be treated as 'ancestral property' for sons 'C' and 'D'. Best regards