Partition deed
nagarajan
(Querist) 10 April 2013
This query is : Resolved
my father received a immovable property by means of partition deed from my grandfather in 1976.
1. will this property becomes absolute property of my father or ancestroal property ?
2. can my father( still alive ) share this property by means of partition deed to his two sons and leaving his two daughters ?
3. if so, can daughters claim their share by way of partition suit when the father is still alive?
adv. rajeev ( rajoo )
(Expert) 10 April 2013
It is an ancestral property. Your father cannot sell/transfer entire property, he has right to sell/transfer to the enxtent of his share only. All are entittle for equal share, even daughters because they are also co-parceners
Anirudh
(Expert) 10 April 2013
How, when and from whom did your grand father got the property?
Raj Kumar Makkad
(Expert) 10 April 2013
The given property do not become an ancestral property merely on the ground that your father got it in the partition from his father. The source of the property of your grand father is very important to decide whether the property is ancestral in the hands of your father or not.
You first post reply to this question and only thereafter the reply to your queries can be given.
B K Raghavendra Rao
(Expert) 11 April 2013
It is not the self-acquired property of your father. It is inherited. Therefore, your father has no individual right to alienate the property without the consent of his wife and children.
You and your sisters and brothers have right to equal share in the property along with your father.
