LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SANKARPRASAD (MNGR)     16 April 2024

Family partitions

In Family Partitions father & Son ( Both are not living now) given some portion of common property to their Daughters. 

Father shared a little portion and Given to Son Major portion. In that all deed both were mentioned that Previously one Unregistered will was there between them ( in 1972 and 1978) and the present registered deed  between father and son is to rectify that unregistered one( in 2012). This i deed was witnessed by only two daughters. None of the Unregistered Deeds are not available any where.

Now the property came in to sale. Now the questions are : 

1) Did father and son had any rights to divide properties in unequal manner? Daughters are asking for equal share . is it possible?

2) The witnessed daughters ( 2012 Regd deed) have any right to claim equal portion?( From the successors of their brother).

3) Did this third daughter who was not done any signatures in 2012 Regd. deed had any right to claim equal portion from successors of her Brother now?( But same day this daughter got some portion of property ( But not equal) from her Father and brother through some other Regd. deed. But she opposed and fought for equal  and not signed in father and Sons mutual partition deed.

4) Is the Amendment of 1956 Succession act applicable to all daughters? or atleast their daughter?.

Both Son and Father mentioned in 2012 Regd. deed only just to do some modifications in Unregistered mutual partition agreement had between in 1972 and again in 1978 , they are going to execute new registered deed ( Mutual between them only) . What is the status of those Unregistered wills now?( They executed in legal language and witnessed by two witnesses.

Atlast successors are saying that The statements given by Both Son and Father in Registered Doc( 2012) are not correct, The documents run between Both father and Son are quite  registered well and they have their copies.

If they present any Registered Documents Registered in 1972 & 1978 what is the status of Validity of 2012 Registered Document?

Req you to Pl. clarify.


Warm Regards







 13 Replies

Mr. Sumitra kumar (Advocate)     16 April 2024

Firstly your query is too long. Put the matter in concise form. Was the property ancestral? You are rephrasing your question on this platform. I advise you to contact an advocate of your choice.


Thank you.

SANKARPRASAD (MNGR)     16 April 2024

Thanks for your suggestion. This is the ancestral property. I myself is a lawyer and trying to enter into practice. This is purely service oriented job.I discussed with some of Bar Friends. But everybody's idealigy is unique and didn't get any conclusion. That third daughter doesn't have any support and came to me for legal aid. That is the reason I kept this here and I thought every post here is a god casestudy for all members. 

Once again thanks for your support.


Mr. Sumitra kumar (Advocate)     16 April 2024

How is it possible to rectify an unregistered document through registered one. Where is your place? Check the laws of the state if law requires a will to be registered. So far ancestral property is concerned, a daughter can claim a share equal to that of a son. Please refer to section (6)(5). The language is very clear. If any partition takes place after 20th December 2005, daughter shall be treated as co-parcener same as a son.


Thank you.

SANKARPRASAD (MNGR)     16 April 2024

Thanks for understanding and your guidence.

T. Kalaiselvan, Advocate (Advocate)     16 April 2024

1. If it is not an ancestral property then the daughters cannot claim abny share in it as a right, confirm.

2. The above answer suits this question too. 

3. If it was an ancestral property then the daughters can claim an equal share out of their father's share in the property.

4. Yes, it is applicable.

For further queries, the property related  papers are to be perused for rendering proper opinion. 

SANKARPRASAD (MNGR)     17 April 2024

Thankyou sir, this is 100% ancestral property only 

Warm regards

Mr. Sumitra kumar (Advocate)     17 April 2024

For thanks, you may click on like button.


Thank you.

Dr. J C Vashista (Advocate )     17 April 2024

After coming into force of Section 6A of Hindu Succession (Amendment) Act, 2005 (with retrospective effect) daughter has an equal share in her ancestral property. Presumably your client is HIndu, so it is applicable in your case as well. 

Unregistered Family settlement and decree passed in a suit for partition (as stated by you that daughter filed a suit for partition and succeeded) are two different subjects, which have been mixed up in the facts posted by you. Share of daughter declared by civil court in a decree) shall prevail over family settlement.

How do you connect it with a "Will" ?? Will and family settlement are different subjects.

The facts as well as query posted are vague and not clear.

P. Venu (Advocate)     17 April 2024

Yes, the posting is too vague and disjointed that it is more of a riddle than a query. Please repost in simple language avoidng subjective opinions but highlighting the precise facts.

Shashi Dhara   18 April 2024

If it is in court it takes 25years, the court will decide it is ancestral or self acquired nothing is in our hand,.

SANKARPRASAD (MNGR)     19 April 2024

Sir, this is ancestral only and proved well. In every document both father and son mentioned they are deciding ancestral property only. Thanks for all for your great cooperation 



P. Venu (Advocate)     19 April 2024

What prevents you simple facts avoidng subjective opinions?

T. Kalaiselvan, Advocate (Advocate)     19 April 2024

Why do you insist on the ancestral nature,  since the matter is pending before court why don't you wait for the disposal. 

The court will decide based on the legal facts and merits. 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register