Family partition-proper and necessary parties
R.Manivasagan
(Querist) 12 February 2015
This query is : Resolved
One X and his two sons Y and Z partitioned their ancestral property in the year 1982. X has no property right and he got some amount from HUF. (so, Y got A Schedule and Z got B Schedule)
Now the X and his wife died.
Y is having a son A and a daughter B. The son a is having two daughters ie., C and D respectively. The Daughter B is having two sons ie., E and F. C,D,E and F are now minors.
now the Y, A and B indent to partition their family properties.
my Query is,
1. Who are all necessary party to be mentioned as parties to the Partition Deed.?
2. Whether the heirs of A and B that is C,D,E and F are to be shown in the deed?
3. Is it sufficient to mention the Y,A and B alone in the deed?
4. If the partition deed would been registered among Y,A and B, is there any possibility to challenge the partition deed by the C,D,E and F after attaining Majority?
5. Whether the wife of Y can be shown as one of the party to the partition deed, even though she and Y did not take any immovable properties?
kavksatyanarayana
(Expert) 12 February 2015
As "X" and his wife died, their movable property(amount from HUF)if any remains should be divided between Y and Z.
for "Y" property: if they will make partition all legal heirs of Y should be shown in the partition deed. for minors share obtain permission from the court. consult a local lawyer.
Rajendra K Goyal
(Expert) 13 February 2015
1. Y, A and B are the parties.
2. Not necessary.
3. Yes.
4. Not necessary.
T. Kalaiselvan, Advocate
(Expert) 15 February 2015
In my opinion, the properties were duly partitioned among X, Y and Z. Therefore after the partition, all the three have become absolute owners of their respective properties. Now Ys property inherited as a share in the ancestral properties, his son A and daughter B will be entitled to a share in the Ys share (provided the property is ancestral in nature), after that the heirs of A namely his sons and daughters will be entitled to a share out of A's share, however Bs heirs are not entitled to any share in her share because the property in her hand will become her own property. For further and more proper opinion, take the help of a local expertise lawyer and proceed.
R.Manivasagan
(Querist) 16 February 2015
thank u senior T.Kalaiselvan sir
