S.Raghavendra 11 August 2016

Partition

Respected sir

The issue is relating to the partition. Recently my father died in the month of july 2016, Now my father sister is demanding that a share of the property is to be given to her. She was married in the year 1963. The property was acquired by my grand father in the year 1941 and he died in the year 1970. All the property documents including khata has been in the name of my father. Regarding encumbarance certificate it has to be seen whether it has to be seen whether it is my grand father name or my father's name. The katha has been registered in the name of my father in the year 1970 and we are paying the property tax.

Now the issue is whether my father's sister has a right to claim on the share of the property. please clarify.

Thanks

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5 Replies

saravanan s (legal advisor) 11 August 2016

How did the property devolve on your father from your grandfather.

S.Raghavendra 11 August 2016

the property was purchased by my grandfather

S.Raghavendra 11 August 2016

My father had told that in the year 1972 all the sisters have signed the document that they have no objection of transfering the property in my father's name. But i could not find the document

Kumar Doab (FIN) 11 August 2016

The copy of it mightb be with revenue office/officer that make enteries in mutation record e.g; patwaari.

G.L.N. Prasad (Retired employee.) 11 August 2016

Your maternal aunt should claim the property of her father, if her marriage has taken place or there is no partition before the cut off date.

The mutation in your father's name must be only after her marriage and separation from the family well before the cut off date of making daughter's eligible in the ancestral property amendment.

Let her establish that there was no partition, and they have not relinquished their right and they have the rights as per amendment. Theese are only threats and you need not take serious of the threats and take care of possession.