Unregistered partition in hindu family
Guest
(Querist) 21 December 2012
This query is : Resolved
"Z" has got some properties in 1953 by the death of his father. and he has a second wife (married her after the death of first wife), a daughter born prior to 1956 from the first wife , a son and three daughters from the second wife.
in 1998 he made an unregistered partition between only with him and his wife and son, stating that he is suffering from his old age so he cannot maintain the whole property so he is dividing the property with them.
after that unregistered partition in records of the said properties the name of the son is entered as owner of the property in 1998.
later in 1999 "Z" was died.
now in 2012 the daughter born to first wife of "Z" has filed a suit for partition against her brother stating that the unregistered partition was made without her consent and it is not binding on her.
now her brother the son of "Z" taken the defense that "Z" has got property as a single heir to his father by the death of his father prior to the commencement of HSAct 1956 so "Z" was the absolute owner of the said property and the unregistered partition between "Z" and him has to be considered as the testamentary disposition of the property to him by his father "Z".
my question is, whether the unregistered partition can be considered as testamentary disposition of the said property?
whether the daughter is eligible to claim any share from the property of her brother which has given to him by his father?
if she is eligible to get share, what is the ratio of her share?
Raj Kumar Makkad
(Expert) 21 December 2012
As the properties in the hands of Z were his self acquired so after his death which occurred in the year 1999, all his legal heirs including his daughter born out of his first wife, are entitled to inherit all those properties in equal share. Unregistered document bequeathing the property during the life time of an owner has no value in the eyes of law. Daughter is well within her legal right to get the alleged partition and insertion of the name of her brother in the ownership of part of the properties set aside as per HSA.
