Does ancestral property get converted into self-acquired pro


Dear Sir/Madam,

My father possess some ancestral (more than 10 generations of inheritance) agricultural land, but only his share in the total land is defined (not exact piece of his land share identified) as per government revenue department. In reality my fathers and uncles have partitioned the ancestral land and signed on plain paper (don’t know its legal value) and each one using his own portioned share for agricultural purpose.

  1.  Does partition on plain paper signed by shareholders will be considered as legal partition
  2.  I read somewhere that divided/ partitioned ancestral property become self-acquired in hand of shareholder. What exactly it means. Does partition in which only share in total property is defined will be termed as “partition” to be converted into self-acquired.

3. Does my father share in the property will be considered as ancestral or self-acquired after partition. If above mentioned partition was not legal partition, then can my father in future, sign partitioned deed with uncles to convert it into self-acquired. If such “partition deed” happen in future, will my father be bound to give my share in ancestral property or they can divide the ancestral property among them and make changes in government revenue record accordingly.

4. If it will be considered as “self-acquired” for my father, can he Will it to my sister and exclude me in that property, which is/was basically ancestral before partition. If yes then, would it be “self-acquired” in hand of my sister?

 
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legal advisor

Its a family partition made between your father and his brothers. now it had attained the status of self aquired property in the hands of your father. so he can will it or gift it to anyone he wants
 
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FIN

If your interest is to get your share then try for amicable settlement.

 
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Thanks all for your reply.

Dear Saravanan,

(i) it means that partition done on paper has legal value and thus now property in self-aquired in hand of father.

(ii) For a minute assume that the paper got misplaced. Then my father and his brothers choose for legal partition deed among them. Then would my father be bound to give my and my son share (as a coparcener) in ancestral property OR they (my fathers and his brothers) can divide the ancestral property among them only and make changes in government revenue record accordingly.

 

 
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Assume that partition on plain paper never happened at all and only below is true:

My father possess some ancestral (more than 10 generations of inheritance) agricultural land, but only his share in the total land is defined (not exact piece of his land share identified) as per government revenue department.

 

 
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