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seshu ponnuru   12 September 2021

Partition query

Mother, 1 son, 2 daughters My father died intestate NO will (Hindu Family) (none of the below properties are ancestral, self acquired by my father no ancestral property. Property A is in the name of my father self purchased by my father. who all will get share (Mother, , Son, 2 Daughters) -- my father already did partition with their brothers & sisters in 1990's before purchase of any of these properties, and did not receive any immovable properties as part of partition, but received 5000 Rs at that time. Property 'B' is registered in son's Name purchased directly from outsiders through sale deed.- but with fathers money. Property 'C' is registered in mothers Name purchased directly from outsiders partially with mothers and fathers money. My other Sister has filed a partition suite on my mother, Brother and me in karnataka stating that all the properties A,B,C,D are purchased by my father money so she needs share on all the properties. What will happen


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 2 Replies

G.L.N. Prasad (Retired employee.)     13 September 2021

Your sister is rightly claiming her share in the property. Once your father's family had divided, the entire property becomes his own and there is no ancestral element in the properties. Now that the case is already filed, you can contact a local advocate for proper defending.

minakshi bindhani   13 September 2021

As per your illustrated query

1. If your father has a self-acquired property it means as per the Hindu joint family you, your mother, your brother is equally entitled to get enjoyment over the property.
2. Once your father' family has divided, neither the other family members of your father side can claim anything.
3. However, if the purchased property by your father, the registered property of your mother and brother only in the means of Benami Transaction means only on the name the property has purchased. Then she is entitled to get the property.

Thereby, you need to review the registered sell deed by any local advocate.

4. However, if in the registered sell deed the property is given as possession of ownership title. Then she can not claim on the said property.

Hope it clarifies your issues!

Regards
Minakshi Bindhani

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