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aadi   01 December 2023

Self acquired property or ancestral?

My great-grand father had self-acquired a property. He died intestate and had three sons (out of which my grandfather was the eldest). After my grandfather passed away, the property was partitioned betweeen my father and grandfather's two brothers in 2002. As a partitioned deed was executed and only two generations have passed, will the property be self-acquired for my father?

Can my father's sisters (who were already married before 2002 and had no-objection to the partition deed in 2001) can now file a partition suit?



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     02 December 2023

Since the property was partitioned earlier, the property will not fall into the ancestral property category.

Your father's sisters will be entitled to an equal share out of your grandfather's share in the property at par with your father. 

Advocate Bhartesh goyal (advocate)     02 December 2023

Since property  has been partitioned so it has lost character of ancestral property. Your father's sister have also right to get their respective share from the share of your father in the property .

Dr. J C Vashista (Advocate and Legal Consultant)     02 December 2023

Well analysed, opined and advised by experts, I agree.

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