self acquired property


The agriculture irrigated land in karnataka whic were divided by my grand father during 1964 and transfered equally to his three sons.This partition also neither registered nor made a court decree.But partition was done by revenue inspector and tahsildar.  My father was youngest son of my grand father and during 1986 my father divided  his part into two part. 1/2 is for my brother and 1/2 is for me.

 

Now i have Mutation registration copy , Holding certificates and other related documents on my name.

whether the above land is self acquired property of  my father?

 

If not whether my sisters are eligible for equal partition in the land. Because since from 1987 i am cultivating the above land.

Kindlu answer this quostion.

 

During 1986-87 my father transfered his property on my and my brother name by the process of mutation registeration which was done by reveue inspector and tahsildar.

Am  I an absolute owner of above land after long period of 20 years. ?

 

My quostion is as per hindu succession Act 2005 sec 6(5), whether this  mutation    registration is valid?

 

 

Because now my sisters are asking share in the above property.

 

 

Kindly advise me.

 

 

Thanking u Sir

 

 

Ur's Truly

 

 

veesparma@rediffmail.com

 

09224466440

 

 
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Property due diligence 9422773303

 

whether the above land is self acquired property of  my father?

 NO

If not whether my sisters are eligible for equal partition in the land. Because since from 1987 i am cultivating the above .

 YES

During 1986-87 my father transfered his property on my and my brother name by the process of mutation registeration which was done by reveue inspector and tahsildar.

Am  I an absolute owner of above land after long period of 20 years. ?                                            NO                  

 
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Legal Consultant / Solicitor

Since no arrangement for partition in the property and the same is done only oral and mutation also done accordingly. 

Property is not self acquired by your father as the same is divided by your grand father.

Since the property is not registered, your sister/sisters, if they prefer to sue you, then they need to initiate suit for partition against all the living legal heirs of your grand father.

 
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Works In Judicial Department

The revenue authorities can mutate the land based on the memorandum of family arrangement submitted by the co-sharers. The said famly arrangment deed must  be executed in persuance of the earlier oral partition. In such case the deed of family arrangement supported by the oral partion amounts to valid partiton. and  in such case the property acquired by your father will be treated as self acquired property. Further as the partition(i.,e oral partition supported by family arrangement deed)  between you and your brother was affected well before 2005, your sisters are entitled to any share. But you need to prove the said oral partition.

 
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Asst Secy to Govt Retired

Kindly define self acquired property in legal terminology

sv rao

 
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