Ancestral vs self acquired
brsasireddy
(Querist) 29 April 2024
This query is : Resolved
Good Morning all,
Question for all the experts and please help me to understand.
It was an ancestral property inherited for generations. Four brothers (lets say Brother A, B C D).
In year 2007 they made registered partition deed in the family. Brother B got 3.67 Acres of land via partition deed. Now the bother B has possession of 3.67 Acres.
Brother B has 2 daughters and 1 Son, all are major.
In year 2011 (Bother B still alive). B made registered Partition Deed among the kids. He gave 2.67 Acres to his son and half acres to each of his daughters. Now his son (lets say X) has 2.67 acres in his possession.
Now X has 5 kids (4 daughters and 1 son all are major), he want to sell his 2.67 acres and two of his daughters not ready.
Since it ceases the ancestral nature in 2007. I believe it become self acquired property of X.
Questions:
1. Is this Self acquired property of X as he got thru the partition?
2. Can he (X) sell the property without his daughters consent?.
Please provide your opinion.
Thanks
Shashi
T. Kalaiselvan, Advocate
(Expert) 29 April 2024
If it was an ancestral property and X's father got his share of property as his rightful share in that property, then it becomes his duty to divide the entire share of property equally between himself and his children.
Upon such a division, the share of property inherited by his male child shall be ancestral proeprty in his hands and hence he needs to once again divide the properties equally among all his children.
However it appears that X's father divided his share of property unequally among his children, on that basis it can be termed that it became his self acquired property hence he allotted different extent of property to his children in a family arrangement, hence the share of property inherited by X can be conveniently termed as his self acquired proeprty, however you may produce the property related papers before an experienced lawyer in the local to get more proper opinion to you question.
brsasireddy
(Querist) 29 April 2024
Thank you very much for your reply.
Why does it needs to be unequally divided among his children. I read many places online like
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"When a division or a partition happens in a joint Hindu family, it becomes “self-acquired" property in the hands of a family member who has received it.
In your case, if the ancestral property had been partitioned between your father and his brothers, his share in such property granted to him at partition would be regarded as his self-acquired property."
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is it not become self acquired in 2007 for Brother B?.
Shashi.
brsasireddy
(Querist) 29 April 2024
I am just going thru one of the comments by you experts,
https://www.kaanoon.com/181365/ancestral-property-partition-and-selling-minor-property-without-consent
Thanks
Shashi
T. Kalaiselvan, Advocate
(Expert) 29 April 2024
The clarifications given here is based on the information you have provided here.
For more particular opinions with regard to your actual problems, you should consult a lawyer either in the local or outside with relevant papers related to the proeprty for more clarity.
The opinions rendered here are restricted to the information provided here.
kavksatyanarayana
(Expert) 30 April 2024
B got his share in the ancestral property in the year 2007 and it is deemed to be his property but why did he partition the property with his children in unequal shares? It should not be partitioned and gifted to his children, the problem did not arise. If you have all the related papers/documents, you can consult a local senior advocate.
brsasireddy
(Querist) 30 April 2024
Thanks for your reply. Not sure why he did partition, in the partition deed he created 4 shares including himself. My question ,whatever X share is self acquired or not, and has he own rights to dispose the property without his children?.
Thanks
Shashi
kavksatyanarayana
(Expert) 30 April 2024
He did partition and the relevant papers/documents shall be verified thoroughly to form an opinion and so consult a local advocate.
P. Venu
(Expert) 04 May 2024
The facts posted does not suggest the property to be ancestral nor the deeds executed to be partition deeds. The properties have been self-acquired and hence, the holders of such property (whether B or X) have the absolute discretion to dispose or deal with their proper at their discretion during their life time. In the given facts, deeds executed have been settlement, not partition deeds.
As such X does not require anyone's property to deal with the property held by him.
However, there is larger issue as to the querist. It is seen that he has been posting too many queries with varied facts but identical legal elements. It appears that he has been setting question papers for the participants in this platform.
The querist requested post real facts highlighting the issue(s), if any.
T. Kalaiselvan, Advocate
(Expert) 09 May 2024
You can obtain a second legal opinion from another lawyer in local by producing the relevant papers and documents and get clarified in person.
