Partition of ancestral,property.
Querist :
Anonymous
(Querist) 03 December 2022
This query is : Resolved
We,belong,to Hindu community,we have divided,the ancestral property,which earned,by our grandfather,in the,year 1997,between,my junior paternal uncle and my father.Again,in the year,2005,my father,my elder brother and myself,divided,the ancestral,property.We,have got,one sister,she,got married,in the year,1986.We,had a,unregistered, relenquish,deed,in the year,2002,with our sister.My,father,recently died,4months,back.Now,my sister,has given a legal notice,to my brother and myself,claiming,1/3,share,our ancestral,property.Since,2005,my father,my brother,and myself,enjoying,the property and in our pocession,and as per municipal,records,we are paying,property tax,of our divided,property,from 2005.I,want to know,whether,my sister,can claim,1/3,share in my ancestral,property,already,partioned,and registered,Sub-register office,in the year,2005,between,my father,my elder brother and myself,please guide me.
kavksatyanarayana
(Expert) 03 December 2022
It lacs some clarity. However, to my understanding, your grandfather's property was divided in two shares between your father and his brother. So your father's property comes under his selfacquired property. But how your father, brother and you divide the property?
Querist :
Anonymous
(Querist) 04 December 2022
In the year,2005,we have dividend, HUF property, which, came to our family, share,which inherited, from,our grandfather,between, my father,my elder brother, and myself. I think, now,it is clear.
Advocate Bhartesh goyal
(Expert) 04 December 2022
Your sister has right to claim her share in her father's self acquired property or in ancestral property.
Querist :
Anonymous
(Querist) 04 December 2022
Thanks to Sri Bhartesh goyal Sir,nodoubt,my sisters has a right to claim,her share,in ancestral property.She has,executed a requinsh deed in the year 2002.The partition has taken place in the year,1997,between,my father and my paternal uncle.The partition of ancestral property,which came to,my fathers share,as per sub-division has taken place ,between,my father,my and my paternal uncle.In the year 2005,has been divided,between,my father,my elder brother and myself.Since 2005,my father,my elder brother and myself,are enjoying our share of property,individually.My father,has executed,his share of property by a will,in favour of my elder brother.I my father expired,4 months,back.Now,my sister,is claiming 1/3,share in ancestral property.My contention is ,My father,my elder brother and myself,divided the ancestral property,by a registered,partition deed,in the year 2005.As,per the limitation act,when the property,stands in one's name 12 years,in enjoyment and paying property tax,as per records,her claim is null and void.Please,advice Sir
kavksatyanarayana
(Expert) 04 December 2022
You stated that in 1997 your father and his brother divided the ancestral property. So I am of the opinion that as per SC judgment (2016), any property which has been previously partitioned or distributed in accordance with sec.8 of the HS Act, 1956, on the principles of the intestacy, ceases to be joint family property. Here your father and his brother divided the ancestral property in the year 1997, and the portion of your father became his own property as the ancestral property was divided.
SHIRISH PAWAR, 7738990900
(Expert) 05 December 2022
Hello,
Your sister is claiming property of her share in the huf. As per law she is having equal share in the property.
P. Venu
(Expert) 16 December 2022
You can seek eviction in terms of the local Rent laws as applicable. Non-payment of rent itself is a sufficient ground to seek eviction. Your tenant has no privilege or protection of law just because he happens to be a lawyer.
P. Venu
(Expert) 16 December 2022
Above reply has been in respect of the thread https://www.lawyersclubindia.com/experts/ tenant-denied-to-vacant-the-property-745946.asp. Unfortunately, at present. there is no provision to edit or amend.
The posting may kindly be ignored.
P. Venu
(Expert) 16 December 2022
The property having been partitioned in the year 1997, it had lost its ancestral character.
Your sister has equal share in the father's property left intestate.
The issue of inheritance has become rather complicated because of the subsequent events of inchoate partition and the Will allegedly executed by your late father. It would be in the fitness of things that the siblings arrive at a settlement among themselves.
Limitation Act is of no application in the facts of the case; so also, the alleged mutation carried out in the Revenue records.
