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Kumar Mysore (no)     25 October 2021

How court will divide house under partition suit

Hi Sir/ Madam,

my sister filed a partition suit 16years ago, now it is under FDP & court ordered to survey all our properties.

my father & mother is passed away, all our property in the name of my father & my brother is using this for agriculture.

our sister is the elder child & we are 3 younger brothers. she is living happily with her husband in husband village. and her children's already working.

my first question is we have a one ancestral house, how they will divide this in between one sister & 3 brothers. my second brother living in this house.

and recently just 3 years back I have built an house in our agriculture land by my own earned money. I am BE graduate & working in a private company. right now first brother living in this house.

I am living in a rent house in the city.

my second question is I can get bsck this house right, because it is not ancentral house, only land ancentral & I have all the documents that house construction & warming photos & other documents.

my 3rd question is we have some pumpsets in our land I only money invested to drill & for motor pumps few years ago. how court will divide all these, my 1st brother doing agriculture & our sister is not staying in our village.

I am the last child for our parents, recently married, may I get back my house which I build from my salary before marriage.

someone please guide, it may helps me lot,

Thank you


 2 Replies

Anusha Singh   25 October 2021

As per your query it is understood that you need information regarding the ancestral property.

Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.

1.    The right to a share in an ancestral property comes by birth.

2.    Coparceners, including daughters can seek a partition and sale of the ancestral home as well secure his or her share.

3.    Properties of the paternal ancestors cannot be sold without the consent of the successors. However, it can be reclaimed by filing a suit for partition in a court.

4.    Similarly, if your share is denied you can send a legal notice demanding your rights. 

5.    The property is regarded as an ancestral property provided it is not divided by the members of a joint Hindu family.

6.    Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property.

7.    Properties acquired from the maternal side does not qualify to be an ancestral property.

8.    The head of a Hindu undivided family has the power to manage the family assets under the Hindu law. But when it comes to ownership and rights over an ancestral property, each coparcener is entitled for getting his or her share.

All the legal heirs of the ancestral property will get equal share in the ancestral property.

According to your second question, as the land is ancestral land the property shall be divided in all the legal heirs equally even though the house is yours but it is on the ancestral land.

According to your third question, if that land is also ancestral then even that land can be divided equally in all legal heirs but if it is self-acquired land and any will is made by the owner of the land then after the death of the owner the will shall be honored and if no will is made i.e., the owner died intestate then the land shall be divided equally in all the legal heirs.

Hope it helps!

 

Regards,

Anusha Singh

Kumar Mysore (no)     26 October 2021

Thank you Madam for your reply

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