Partion of ancestral property
ragini sharma
(Querist) 20 August 2011
This query is : Resolved
sir ,i am ragini sharma living in jabalpur.my father had ancestral land of 200 acres in indore. my father had 1 son and 4 daughter. my father died in 1974. and my mother died in 2007. we want to file a suit for distribution. what would we share of each of us? can we get equal share as their was no partion before today, and now we daughters have equal share after 2005.their was no partion before today among us. property is in name of all 4 daughters and one son unitedly. please tell me a way to get equal share. i dont know much about law, i am a simple girl, but heard that this platform provides unbiased and fare opinions, plz help me.
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ashok kumar singh
(Expert) 20 August 2011
you should file PARTITION SUIT before the Ld. Civil Court, having jurisdiction, to get equal share, or equally divide, demarcate among all of you and draft a deed of Partition or Deed of family settlement and registered the said Deed with the District Registry Office, further my one Ld. friend is practicing at Raipur Court - Sri Pradip Tiwary, Advocate - Mobile no. 9425563992, u can contact him for registration or filling of Civil case Partition Suit at Indore. Thanks. take care,
Advocate Rajkumarlaxman
(Expert) 21 August 2011
FIle a partition suit and as satetd by our expert you can contact the said for further details and action
R.Ramachandran
(Expert) 21 August 2011
You say that "property is in name of all 4 daughters and one son unitedly".
Are you sure? Have you seen the record?
When did your name come on the record as owner of the property? What is the basis on which your name got entered in the record?
ragini sharma
(Querist) 21 August 2011
we sisters have decided to file suit, but wise people please tell me what would be the share of daughters? will it be according to HSA ammendment in2005 or ,it will be according to previous law,
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ragini sharma
(Querist) 21 August 2011
sir,
the names of my brother and sisters including me is on records, on B1 and P2 forms of land revenue department,also our name is on "rin pustika"the book on which tax payment is writtern, our name was on record from long time. its actually now we want the partion.before today we havent had any partion of land.
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Guest
(Expert) 21 August 2011
yes you can file a partition suit in the registrar office or tehsildar of your area
ragini sharma
(Querist) 22 August 2011
sir, please tell my how much share we sisters can get?
M/s. Y-not legal services
(Expert) 22 August 2011
Already you got answer for your last questions ragini. While being as a hindu, you brother and all sisters will get equal share. Right now your mother also expired. So 1/5 equal share for you.
M/s. Y-not legal services
(Expert) 22 August 2011
Mr.sachdev, sorry for this.. I think Your answer is something wrong.. ' file a partition suit before your register office or tashildar office' how its possible.
Guest
(Expert) 22 August 2011
in my state the partition suit of property is done by the tehsildar please Mr. Tom i think i am right
girish shringi
(Expert) 24 August 2011
Mr. Bishnoi,
REad the question the questionnaire is clearly informing the names are there in the Revenue Record,the authority to make partition of Land is District Collector anywhere in India and the said authority makes shares thereof after measuring the land on site through tahesildar or surveyor and put on the record the same and partition declared.
Civil suit required only in the case of dispute between the heirs.
girish shringi
(Expert) 24 August 2011
Mr. Bishnoi,
REad the question the questionnaire is clearly informing the names are there in the Revenue Record,the authority to make partition of Land is District Collector anywhere in India and the said authority makes shares thereof after measuring the land on site through tahesildar or surveyor and put on the record the same and partition declared.
Civil suit required only in the case of dispute between the heirs.
Hence I am agree with you,not with Mr. Tom.
Guest
(Expert) 24 August 2011
i extremely sorry if i am wrong please. but it is Assistant Collector IInd which is called Tehsildar and we file the partition cases in that court and more my own case for partition of the ancestral land in the village in also pending before the assistant collector
ragini sharma
(Querist) 25 August 2011
respected wise peoples , i met two advocates of land revenue , they both have diffrent view, one of them says daughters will get equal share while other says daughters will get share according to old law. so please tell me what would be share of daughters in my case.how much land daughters can get? is there is any clear law. or there is any confusion in womens rights?is ammendment in 2005 HSA is insufficient?
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R.Ramachandran
(Expert) 25 August 2011
I am resisting from answering this query, for the simple reason, the facts are not clear. I am not convinced that your names also appear in the records in respect of the property.
Leaving aside that aspect (your name appearing in the records) for the time being, let me proceed to answer your query, based on the fact given by you that (i) the property was ancestral and (ii) your father died without leaving any WILL in the year 1974.
As per Section 6 of the Hindu Succession Act, 1956 as it existed when your father died in the year 1974, the property would get partitioned automatically by operation of law. Accordingly the property will first get divided between your deceased father and your brother equally. (AT that point of time only your brother and your father were the coparcenars).
Therefore your brother would get 100 acres, and 100 acres would fall to your father's share.
Since your father died without leaving a WILL, his share of 100 acres will go by way of inheritance EQUALLy amongst his legal heirs. His legal heirs at that time were his widow (i.e. your mother), your brother and you four daughters. Thus each one of you will get 100/6 = 16.66 acres.
Since your mother also died without leaving any WILL her share of 16.66 acres will go by way of inheritance amongst legal heirs i.e. your brother and 4 sisters. Thus 16.66 acres will be divided by 5 and each will get 3.34 acres.
Ultimatele, your brother will get 100 + 16.66 + 3.34 = 120 Acres.
All the 4 sisters will get 20 acres each.
Let me again tell you, I go by your word that it was "Ancestral property" and I am not considering the fact that your name already appears against the property. I am not fully aware under what circumstance your names appear against the property.
ragini sharma
(Querist) 25 August 2011
yeah sir Ramchandran ji, currently there are 5 names on records we 4 sisters and 1 is our brother and no partion was done among us before today.so my dobt is that since we all 5 have thier names simultaneously on record and since the partion is filled after 2005 then it should be done according to rules and provision as of now. i had learnt fron internet that partion made before 2005 ammendment would be un affected, but this partion is demanded after 2005 HSA. please clear my view,
prabhakar singh
(Expert) 25 August 2011
The main problem is whether there is any independent law governing succession of agricultural land by having overriding effect over Hindu Succession Act,that is why i said earlier"i agree with all" as every body is inclined to reply even without knowing what the LAW is in state with regard to this property??.It is not "ABADI".It is being told to be Agricultural.Without knowledge of land law prevalent in the state,these problems are hard nuts to crack.
R.Ramachandran
(Expert) 25 August 2011
If every one's name is there in the revenue records, then each one of you will get equal share. This is independent of the provisions contained in the 2005 Amendment Act in the HSA.
The 2005 Amendment has no application to your case at all. If the property was "Ancestral" and since your father died without leaving any WILL in the year 1974, the partition will take place automatically due to operation of Sec.6 of the HSA, 1956. THEREFORE, your contention that no partition had taken place till now WOULD NOT HOLD WATER.
Partition had already taken place, meaning thereby each one's exact share has been determined, what has not taken place is the actual demarcation of the boundaries of the property.
ragini sharma
(Querist) 28 August 2011
thank u sir, accordind to your views i went to one of expert advocate in our city .he told me that the law and provisions are simple now in my matter,and he says as our names are on record as the living heirs then all the heirs whether the son or daughter will get equal share, and we had decided to go to file a suit in tahsildaar court, thatis revenue court in mp tahsildar has power to divide the agricultural land. so , sir please tell me that is our advocates viw right?
