partition of ancestral property

Querist : Anonymous (Querist) 12 March 2010 This query is : Resolved
Sir,

My grand father had ancestral property and he had one son (my father). After his death the subject property came on the name of his wife (My grandmother) and his son(my father) 1/2 share each. After the death of my grandmother the whole property came on the name of my father.We are three brothers and two sisters. My father transferred the whole property on the name of his two grandsons in the way of decree .kindly tell me that this decree is wrong or not. My father has not transfer any property to his sons.

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O. Mahalakshmi (Expert) 12 March 2010
His decree is absolutely correct.

Guest (Expert) 12 March 2010
i dis agree with Mr Mahalaxmi....

A Karta or Manager of a HUF has all the powers to manage the family and its assets, being head of the family. The joint family property vests in the family and its coparceners/members. On partition Karta gets his share. He is not absolute independent, individual owner of the property. Each coparcener/member has share, right, title and interest in the ancestral property

niranjan (Expert) 12 March 2010
When the question of ancestral property is put it is important to say that wheher grandson came into existance when the grandfather was alive.So whoever grandsons were borne before the death of grandfather,all grandsons become coparceners and get equal share.But if it is otherwise, I agree with Mr. O.

Raj Kumar Makkad (Expert) 13 March 2010
I do agree with experts.

Kumar Thadhani (Expert) 13 March 2010
Nothing more to add with opinion of the experts.

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