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P VAMSI KRISHNA   05 May 2022

Ancestral property known to be self acquired property after partition?

The partition of our ancestral property (i.e grand father's self acquired property) took place between my father and his brothers before the death of my grand father with the mutual understanding of the brothers. I want to know if the property in the hands of my father after partition is considered as ancestral or self-acquired. If it is still called as ancestral property, then who holds the right to sell that kind of property. If it is called a self acquired property after partition among the 3 sons of my grandfather, who holds the right to sell the property


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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 May 2022

The right of partition for co-owners is absolute when a piece of real property is jointly owned unless co-owners previously waived the right of partition through a binding contractual agreement. In the context of probate, for example, a decedent may have explicitly disallowed their real property from being sold in their will or trust.

SHIRISH PAWAR, 7738990900 (Advocate)     05 May 2022

Hello,

After partitioning property between the sons of your grandfather, the property in the hands of sons shall be self-acquired property. The individual son has the right to sell the property as per his wish without anyone's interference. 

Divya Vijayan   05 May 2022

Hello!

For a property to remain ancestral, no division should take place up to the four generations. An ancestral property that has been divided through a partition deed or a family arrangement, ceases to be an ancestral property as soon as the arrangement comes into effect. Before 2005, only male members of the family had a right to inherit the ancestral property, however, the 2005 amendment to the Hindu Succession Act gave equal inheritance rights to the women as well. 

When a division or a partition happens in a joint Hindu family, it becomes “self-acquired" property in the hands of a family member who has received it. In your case, if the ancestral property had been partitioned between your father and his brothers, his share in such property granted to him at partition would be regarded as his self-acquired property and he would have full right on that property.

Shruti   05 May 2022

It becomes self acquired property of your father in which his brothers have no right. He can sell that property if his legal heirs (his children) do not object (law supported in HSA Amendment 2005). But if his legal heirs do not trust their father, they can file a parition suit when he is alive also. Say, your grandfather had 12 acres of farm. Each son, got 4 acres in partition, so if you file partition suit when your father is alive and your father has three children, then each one will get 1 acre, including 1 acre to your father. But if it's partitionedd after death of your father, then each children will get 1.33 acre.


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