Could partition works as release
ganesh
(Querist) 26 August 2012
This query is : Resolved
Respected Sir,
My name is ganesh.I am from Andhra Pradesh.Ours is a Hindu family.My family background is..i am having three elder sisters,all are married and i am the only son to my parents.My father is having some ancestrol property.Three years back my father gave some of his property to my sisters by executing Gift settlement deed.Now again my sisters are asking some more property from my father.Now we are ready to give ancestrol property of my mother to the sisters and to make it final.Now we came to know that the stamp duty for Release deed of my three sisters is very expensive for my fathers property.so we are looking for alternative deed..i.e Partition deed.
My Queries are as follows....
1) Can Daughters give up their rights completly in father's ancestral property by taking mother's ancestral property in hindu family through executing partition deed?
2) Does partition deed works as release deed in the above case?
3) Do the daughters still have rights on fathers property?
4) Can my sisters claim for share on my fathers property after my fathers death?
Yours truly,
Ganesh.
Devajyoti Barman
(Expert) 26 August 2012
1. Yes
2.Yes but she would need to mention her release in lieu od earlier property or owelty money.
3.Yes
4.Yes.
J K Agrawal
(Expert) 26 August 2012
1 Yes
2 Yes
3 No - as the daughters are also party to partition deed and they are taking there share. (it is not necessary that the share should be equal in partition deed. If one take any part how samll it may be in partition it means he relinquish all his rights in other properties)
4 No as partition is already there but at the same time I say Yes as far as it regards to the inheritance of portion of share of Father. (But after partition the property of father is absolute and he can bequeath it by way of will.)
ganesh
(Querist) 27 August 2012
Please give me more clarity of my queries
Naresh Kudal
(Expert) 29 August 2012
Mr. J K Agarwal's answer very clear and fit.
Anirudh
(Expert) 29 August 2012
Dear Mr. Ganesh,
It is your statement that the property is "ancestral property".
But, before proceeding further, I would first like to be sure whether the property is "ancestral or not". To decide this, please indicate the following:
1. When did your grand father (father's father) die?
2. How did your said grand father get that property?
3. Whether he self-acquired it, or he got it from his father etc. Please specify.
After knowing the information, I will answer your query.
ganesh
(Querist) 30 August 2012
Dear Anirudh sir,
1)My grand father died on 9th jan 1992
2)My grand father got the property through his father i.e my great grand father
3)My great grand father is the absolute owner of our properties.
one more information is that ..my father got the property through his father by executing partition deed and not by executing will or gift deed.
Anirudh
(Expert) 31 August 2012
Dear Mr. Ganesh,
See your reply at (2) above.
In view of this, you have to indicate as to when your great grand father (father's father) died?
At point (3) you say that your great grand father is the absolute owner of the properties. - By saying so, do you mean that he (your great grand father) purchased the property and did not get it from his father (i.e. your great great grand father)? Please confirm.
At point (3), you also say that your father got the property by executing partition deed. Please indicate as to who are all the person(s) who got their share during that partition?
Also state as to in which year the said partition took place.
ganesh
(Querist) 31 August 2012
Dear anirudh sir,
1)See your reply at (2) above.
In view of this, you have to indicate as to when your great grand father (father's father) died?
A)great grand father (father's father) died on 9th jan 1950
2)At point (3) you say that your great grand father is the absolute owner of the properties. - By saying so, do you mean that he (your great grand father) purchased the property and did not get it from his father (i.e. your great great grand father)? Please confirm.
A)yes my great grand father purchased the property and didn't get from his father
3)At point (3), you also say that your father got the property by executing partition deed. Please indicate as to who are all the person(s) who got their share during that partition?
A)My father and his father i.e my grand father executed partition deed in the year 1953.My father got 'A' schedule property(just say) and my grand father got 'B' schedule property.My grand father sold his entire 'B' schedule properties for his personal reasons.Now we are having only 'A' schedule properties of my father.
SUBRAMANIAN C R
(Expert) 31 August 2012
I would suggest the following:
Yourself, your sisters and your father may enter into a partition taking in the ancestral as well as mother's properties.
In the said partition allot the mother's properties to your sisters. Allot the remaining property (ancestral) to you or your father as you wish. On the same day your father can execute a will.
On the other hand you can also incorporate a clause that in the present partition that in view of the earlier gifts, your sisters will not be entitled to claim any property as your father's heirs as that too is taken into consideration while the gift took place and at the time of present partition. The Kerala High Court has upheld such a clause while dealing with the gift by a mahomedan father to son wherein it was recited that the son cannot inherit any more on the death of the father.
Please consult a good local civil lawyer and proceed as our opinions are general and not specific to given situations.
Anirudh
(Expert) 01 September 2012
The property in your father's hand is ANCESTRAL.
The said Ancestral property had not been partitioned so far.
Therefore, the Hindu Succession (Amendment) Act, 2005 will come into play.
All the daughters in the family are equal co-parceners.
Because of this legal position, the answer to your query (3) and (4) is "YES". They have a right and they can claim either now or even after your father's death.
In respect of your query No.1:
Yes, the daughters can completely give up their right (relinquish their right) in the ancestral property. But such relinquishment must be in favour of all the others and not in favour of some or any particular coparcener only, or such relinquishment should not be confined to any one property alone. In other words, they should simply say that they relinquish their entire right, title and interest in the ancestral property.
Once this is done, and such relinquishment deed is registered (without registration the relinquishment is invalid) they will have no share in the ancestral property.
You say that your mother has some property received by her from her side of the family. None of you have any right or share in the said property of your mother, so long as she is alive.
However, your mother can gift her property to anyone that she wishes. If she executes any GIFT Deed, that will attract normal Stamp duty as if the transaction is a 'Conveyance/sale', and stamp duty is liable to be paid on the value of the said property.
ganesh
(Querist) 01 September 2012
Dear Anirudh sir,
You advised me to execute a registered relinquishment deed from the sisters.But the stamp duty for relinquishment deed is very expensive for our properties.Could partition deed works as release deed in the above case ? why because the partition deed is very economical...
