Partition suit
Kumar
(Querist) 15 September 2015
This query is : Resolved
Request your advise.....
My mother was born in February 1954.
My mother's father expired in August 1987 leaving behind his wife, two daughters (eldest daughter is my mother) and one youngest son; he had left no WILL.
My uncle succeeded 4nos Mining Leases self acquired by his father with the consent of his mother and two elder sisters through a Misc. Case but not the rest of the immoveable properties in August 1987.Meanwhile, my grandmother expired in May 1996.
My grandfather had inherited property from his late father through a registered deed of partition in September 1952. All immoveable properties both self acquired by my grandfather & inherited by him from his father are in the name of my grandfather.
My mother is in possession of a building self acquired by her father since June 1992.
Can my mother file a Partition Suit as a coparcener and claim her share?
Does she qualify to receive any immoveable property left by her father & inherited by her father from her grandfather?
What would be the implications on her Partition Suit as The Hindu Succession (Amendment) Act 2005 has been repealed on 13th May 2015?
Do we, the grandson & grand daughter have any right on maternal grandfather's self acquired property or ancestral property?
Kumar Doab
(Expert) 15 September 2015
You have posted that your grandfather ‘inherited property from his late father through a registered deed of partition in September 1952.’ Thus it should attain the status of self acquired by your grandfather. Your grandfather had other self acquired properties.
Your grandfather expired in August 1987.
He left no WILL and the property has not been partitioned.
The succession has opened in 1987.
The Hindu Succession (Amendment) Act, 2005 gives equal rights and liabilities to the daughters in the Hindu Mitakshara Coparcenary property as the sons have…………………… The daughter got a right of coparcener from the date when the amended Act came into force i.e., 9-9-2005……………………….. whenever they may have been born.
The point left is when was your mother married and the property is in which state!
You may show all documents pertaining to the properties to an able lawyer specializing in family/property/revenue/civil matters and well versed with state laws.
You may wait for the advise of experts/members.
Kumar
(Querist) 15 September 2015
Sir,
Thanks for your reply.
My mother got married in January 1975 and the Property is in the state of Odisha.
Kumar Doab
(Expert) 15 September 2015
You may show all documents pertaining to the properties to an able lawyer specializing in family/property/revenue/civil matters and well versed with state laws.
Anirudh
(Expert) 15 September 2015
The property which your grand father got from his father in the year 1952 is the 'Ancestral Property' in his hands.
At the relevant point of time when he died, the daughters in the family are not co-parceners.
However, since the property was 'Ancestral', when your grandfather died in 1987, as per Sec. 6 of the Hindu Succession Act, the property will undergo notional partition. The same will be divided into three - 1/3 going to your grandfather, 1/3 going to your grand mother and the other 1/3 going to his son.
Since the grandfather did not leave any WILL, the 1/3 share of his ancestral property which goes to the share of your grand father has to be shared equally by his widow, two daughters and one son.
As regards the self-acquired properties, they will go by way of inheritence equally amongst all his legal heirs viz., his wife, two daughters and his son.
Rajendra K Goyal
(Expert) 16 September 2015
Your mother can file suit for partition, show all documents to local lawyer.
