rajashekhar (advocate) 02 May 2020

Nature of property to decide partition

dear sir one of my clients father has got agrucultural land properties from his mother,s mother .now a suit for partition was filed by my client's sister .can the property be termed as self acquired or separate property of my client's father as the properties have not from fathers side .in view of uttam singh judgement of supreme court which defined what is ancestral property.? is section 6 of hindu sucession amendment act 2005 applicable to cliam benefit by my client's sister? or section 8 of said act applicable treating the propeties as self acquired or separate property? what is impact if already my client sister has received certain land from her father as settlement in her marrage and sold the same to third parties and intends to file new suit after 25 years of her marrage?

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4 Replies

Dr J C Vashista (Advocate) 02 May 2020

How does your client acquire the property from his mother ?

Anyhow it would be termed as self-acquired in the hands of your client.

Facts posted are not clear for any meaningful opinion.

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rajashekhar (advocate) 02 May 2020

dear sir my client father has got property from his mother as he is only son .my client father's mother got proprty from her mother as she is only daughter

P. Venu (Advocate) 02 May 2020

Yes, the crucial question is, how your client got the property from his mother? Is the mother still alive?

Your subsequnt clarification only confuses, that too, without providing requisite informarion.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 06 May 2020

The Hindu Succession Act, 1956, was amended in 2005 to give daughters an equal share in parental property.So if your Client is under the Mitakshara Law,even then your Client's sister will inherit her share in her parental property if your client's father dies after 2005 without leaving any Will and therefore your Client's sister has the right to file Partition Suit.