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Lalit Barik (.)     31 August 2015

Partition of self acquired property only

My father died in 2003 and my mother in 2007 without any will. We are 2 brothers and 3 sisters (all are married and well settled). My father had declared to relinquish his rights overs his ancestral property (which was very little) in favour of his his two younger brothers, though nothing was in writing. In fact, he himself divided the ancestral property between his brothers, in around 1990. My mother also supported his decision.

In 2009, I asked my elder brother for partition of the self acquired properties of my parents, to which he demanded for major share and I refused. Since the matter could not be settled by our family elders, I filed a partition suit and asked for my fair share from the self acquired properties of my parents. In my petition, I also mentioned the fact about my father's declaration of relinquishment of his rights over his ancestral property. My elder brother in his reply denied the relinquishment and is asking that my father's share of his ancestral property should be included in the hotch pot before partition. His aim is to complicate the matter and delay the proceedings. My sisters are supporting me and my views over the matter. 

Is it possible to ask for partition of self acquired properties only and exclude the ancestral property (or force my elder brother to file a separate petition, if he is so interested in it)? Are there any legal precedent or acts to help me?

 



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 10 Replies

Kumar Doab (FIN)     31 August 2015

Your lawyer that has drafted the plaint can advise you the best.

If the property of deceased father is to be partitioned then your brother has simply asked to include the anestaral proeprty as well.

Unregistered relinquishment deed/family settlement is not valid.

 

1 Like

saravanan s (legal advisor)     31 August 2015

the relinguishment deed is not valid as it is oral and not registered.you can are free to ask your share in both the self aquired as well as ancestral property by filing partition suit
1 Like

Lalit Barik (.)     31 August 2015

Kumar Ji and Saravanan Ji, Thanks for your replies.

 

I am not interested in the ancestral properties because I wish to honor the decision of my parents and I have good relations with my uncles. My elder brother is demanding to include the same simply to harrass me and delay the proceedings. The said property is still in jointness of my late great grand father and his brothers. Including it in my partition suit will mean including about 30+ persons in the partition suit none of whom has any share in the self acquired properties of my parents. It will be of great help to me if only the self acquired properties of my parents can be partitioned. Since my sisters are also agreeing to my views, they can give in writing their unwillingness to take any share from the ancestral property of my father. Will that help?

Kumar Doab (FIN)     31 August 2015

Unregistered relinquishment deed/family settlement is not valid.

Your brother is unwilling to relinquish.

Your sisters and you are willing to relinquish.

You have good terms with your uncles.

Did your lawyer advise you to sign relinquishment deed, and your uncles to part with your brother's share?

 

The court has the pleasure and power to not to or to include ancestral property!

1 Like

Lalit Barik (.)     31 August 2015

In my original petition, I have said that I am not demanding any share from the ancestral property of my father. If needed, my sisters can also file their replies mentioning the same (till now, my sisters haven't filed any replies/petition, expecting a mutual agreement). My uncles are also agreeable to give the due/proper share to my elder brother, if he insists. My lawyer is saying that, including the ancestral property to the hotch pot is a must (even though in my plaint and subsequent reply, I have clearly declined my share over it).

Kumar Doab (FIN)     31 August 2015

Your brother has already insisted for his share in ancestral property in court.

Your uncles are willing to give share (and thay can not decline also).

As per your posts so far, your lawyer has seemingly,...........already advised you, properly.

 

Still if you want you may, for 2nd opinion, show all docs on record, plaint, and proceedings in court to an able local lawyer specializing in family/property/revenue/civil matters and well versed with local state/revenue rules and your lawyer can guide you further on all points that you may have........................The counsel that has examined all docs on record can advise you the best.

1 Like

Lalit Barik (.)     31 August 2015

Kumar ji, thanks for your replies.

Kumar Doab (FIN)     31 August 2015

You are welcome.

Wish you the best!

saravanan s (legal advisor)     31 August 2015

mr lalit then file a partition suit demanding your share in the self aquired property of your father alone.even if others are not willing to claim their share in the self aquired property you can file a suit to claim your share alone

1 Like

Lalit Barik (.)     31 August 2015

Saravanan Ji, thanks for your reply.

 

I have already mentioned in my plaint that, I am not asking for a share in my father's ancestral property. My sisters are also willing to do the same in their reply, if needed. We are asking for partition of my parents self acquired properties only. Only my brother has demanded to include the ancestral property in hotch pot before partition. But since the same property has not been mutated since last 2 - 3 generations (though in practice it has been divided between rightful heirs of all generations), including it in my partition suit will create problems and delay for me. I (and my sisters) am asking for partition of only the self acquired properties of my parents, over which there are no other claimants. I also understand that, my brother's claim to include the ancestral property is valid and legal. Are there any legal precedents or section, by which I can claim for partition of the self acquired properties only? My brother can claim for my father's share from the ancestral property, over which me and my sisters will not have rights.


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