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Raja Raman V (Accounts executive)     08 September 2009

Partition of Ancestral property

My grandfather died last month leaving few properties (land and house) at Madurai (TN). These he inherited from his father after proper partition with his bothers. He has written a will in 2008 but not registered it, which we came to know only after his death. He had four children of which my father and my uncle died 10 years and 5 years ago respectively. Now only my another uncle and my aunt are alive. As per his will the house has to be partitioned into 5- ie 1.my grand mother 2. my late father's legal heirs - me and my mother; 3. my late uncle's legal heirs; 4. my existing uncle; 5. my existing aunt (who got married in 1982)  The lands are to be partitioned among first four leaving out my existing aunt. We want to settle the partition amicably but still want to know right of my aunt in partition and should there be any specific mention of our own willingness to include her in partition.



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 2 Replies

Adv. Deepak (Advocate)     09 September 2009

As per the will of your grandfather, your aunt has a legal right over the property to the extent of what is mentioned in the will.  In the house property she will get 1/5th share.  In the lands, she will not get any share.  However, if you are not in good terms with her, she will raise objection to the validity of the will as it is not registered.  If you want to include her in partition of lands also, then it is well and good.  But if you want to exclude her as per the will, she may object, or else, you will have to compensate her to some extent, for amicable settlement.  ddkharpudikar@indiatimes.com

Raja Raman V (Accounts executive)     11 September 2009

Thanks sir. We want to have an amicable settlement. We are planning to include her in partition of land also. However I want to make it clear on the below:

  1. As i have read somewhere that in Tamil nadu only those daughters who were married after 1985 get equal right in property. (otherwords the Hindu succession act giving equal rights to women is applicable to only daughters married after the commencement of amendment Act 1984 or 1985 I am not sure of the year)
  2. Though the will gives share to the married daughter, it is defective in sense that it is not registered and no witnesses signing thereon.

Hence I want a mention in the partition deed that it is due to the above legal questions that we are giving the share to her on our own willingness to maintain family relationship and not out to legal right, so that it is not disputed at later point of time.

Correct me if i am wrong.

 


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