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k s c babu (Retired Company Executive)     19 January 2012

Partition of ancestral property

I have inherited ancestral property, agricultural and non-agricultural property in my  village, in Guntur District, Andhra Pradesh. Some additional agricultural property was bought from agricultural income and also from my personal earnings and thrown in to the common stock to be treated as Joint property. I am a Hindu and retired company executive,. I have 3 sons,  no daughters and a wife.  I get Pension from LIC annuity policy taken by the Company from which I retired. On my death my wife is entitled to the annuity for her life time. She has her own house in Hyderabad, a portion of it is let out and my wife gets rental income. She has also some agricultural land give by her mother and another piece of agricultural land bought by herself from her rental and agricultural income.  She is self sufficient as far as her income is concerned.. 

I want to partition the above   agricultural  property and non-agricultural property between my 3 sons. I do not intend to take a share as my needs are met from pension and investments I made in stocks, shares and mutual funds from my personal earnings.

The questions are:1. Can the above  property both agricultural and non-agricultural be partitioned between my 3 sons only, without allocating a share to me?

2. Is the property to be distributed equally between 3 sons or if all the 3 sons agree in a disproportionate manner?

 



Learning

 3 Replies

Chaitanya_Lawyer_Mumbai (Lawyer)     19 January 2012

It is better to write a will mentioning shares of all 3 sons & wife instead of partitioning it in your lifetime.

niranjan (civil practice)     19 January 2012

You can take consensus of your all three sons,make them to sit togather and ask them to partition the property in between them and then accordingly,prepare a regd.partition deed,get their signatures and signature of your wife also.

k s c babu (Retired Company Executive)     20 January 2012

Is not Will meant for self acquired property?  I thought  Partition the proper way to distribute the ancestral property, where inheritance is by birth.


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