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sivadharan (engineer)     05 November 2013

Hindu property division

Hi we are five born in our family 3 sons[Including me] and two daughters.Two sister got married before 1986. My father died on 1996 Dec.We have 10 acres of agricultural land in vellore city corporation .Still we didnt partition the lands.We have given golds for our sisters when father died and we have given them a lot when they are in need in terms of cash everything.Now they are asking for partition in the fathers land.Please help me will they be able to get the partition if they approach the court? Or they are not eligible for the fathers land since are married before 1986 ?? Kindly provide your adivce



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 4 Replies

HIRAL THAKKAR (ADVOCATE )     05 November 2013

Yes they are entitle to partition

T. Kalaiselvan, Advocate (Advocate)     05 November 2013

I think I have given reply for this query through PM, however please clarify if the property is a self acquired property of your father who died intestate, in case yes, all his legal heirs which includes your mother , sisters and all  you brothers  have equal rights and shares in the said property, however if the property is ancestral property, your sisters will not be entitled to share in the property as coparceners by birth but they will be eligible for a share out of your father's share in the property. 

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sivadharan (engineer)     05 November 2013

Yes it is  father self acquired property.

T. Kalaiselvan, Advocate (Advocate)     05 November 2013

Mr. Sivadharan,

In your father's self acquired property, upon his intestate death, his entire property will devolve upon all his Class I legal heirs namely, his wife, sons and daughters and his mother.  All the surviving heirs are entitled to equal share in the said property belonging to your father.  The TN amendment and Central amendment over the Hindu succession Act is applicable only to the ancestral property as per the provisions therein. Both the referred amendments do not have retrospective effect.  But your case is different.  This has got the effect from 1956 onwards.  Hope this clarifies your doubts.  With regards, Kalaiselvan, Advocate, Vellore, 9443441062

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