Chetan (Manager) 20 May 2013

Claim on father's property

Parties involved:

Mother, Daughter(Eldest ), Two sons.

Father has expired.

Five years after Father's expiry, a partition deed was made between mother, daughter & 2 sons for ancestral properly. All have signed the partition deed.

Five more years after the partition deed, daughter is claiming equal share in the ancestral property. Will the claim be valid?

Apart from ancestral property, father had bought two houses from his own earnings & gave one house to elder son & one house to wife. Now daugher is claiming an equal share in the houses too. Is the claim valid?

Thanks

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4 Replies

(Guest)

Although the partition of an intestate's property should be in equal portions, but if at the time of partition one or more of the heirs agree to partly relinquish his/her share in favour of fellow heirs, then such unequal partition will also be valid.

And a father can distribute his self-acquired property unequally or even distriibute property excluding one or more heirs. Therefore, if your father has transferred both houses excluding your sister, then she doesn't have right to get a share in it.

Chetan (Manager) 20 May 2013

Thanks Mr. Sandeep,

If all the concerned parties have already signed the partition deed, can one of the concerned party take legal option at a later time to claim equal share in ancestral property?

(Guest)

Originally posted by : Chetan
	Thanks Mr. Sandeep, If all the concerned parties have already signed the partition deed, can one of the concerned party take legal option at a later time to claim equal share in ancestral property?

If all the concerned/necessary parties have already signed the partition deed then, and if anyone of them who has relinquished his/her share whether partly/fully in that partition deed, then it will amount to valid relinquishment in that regard. Later that party cannot claim equal distribution of property.