Partition of self earned property
Shiv G
(Querist) 24 October 2012
This query is : Resolved
There is a self-earned property of my father, registered in his Father's name (my grandfather). Grandfather is no more, died at age of 73 in 1977. Grandmother died in 1989. My father and 2 elder sisters are the 3 children for my grandfather. All three were born in 1930s, got married well before 1955 and are still alive.
Partition is not done till now due to disputes and local panchayat. Which act is applicable now, is it 1956 or 2005. What will be the share for each.
Guest
(Expert) 25 October 2012
The property is benami as the same is registered in the name of your grandfather while the sources for the purchase of the same came from your father. It is, therefore, self acquired property of your grand father. Hence, the 2005 amendment is not applicable to it as the 2005 amendment to HSA deals only with the ancestral property. In the absence of a will by your late grand father the property would be inherited equally by all his children and his widow.
Hope this helps.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Shiv G
(Querist) 25 October 2012
Dear Sir, Thanks for your answer. I had made the question simpler.
Property was registered jointly with my grandfather and my relative uncle in 1969. Both of them are not alive now and their sons are the co-owners now. Is it treated as a joint Hindu property or coparcener property or still a self-acquired/separate property?
My aunts got married before 1955 whereas the property was bought in 1965. Now, will aunts get no share, or equal share, or 1/12th? As there were references, for example A (who had an interest in the coparcenary property) dies leaving behind him his 2 sons B & C and a daughter D. When he was alive, B & C (sons) were members of the coparcenary and D (daughter) was not a member of the coparcenary. On the death of A, his daughter D will get only 1/3 share in the 1/3 share of her father in the coparcenary property. It means the sons B & C will get 1/3 +1/9 each where as the daughter D will get only 1/9 share in the property.]"
