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Gunasekar (nil)     22 July 2014

Ancestral property

Dear Experts, This issue is regarding Hindu ancestral property. The property of 44 Cents and Rs 13000/- was belongs to my Great grandmother (expired before partition deed) who was having only daughter (expired before partition deed). In the year 1994, the above great grand mothers property was shared under partition deed and registered between my grand father, his two sons and one daughter as below. Grand Father got only Rs.3000/- but no share in Land. My father got only Rs. 10,000/- but no share in Land. My Father’s Sister got 10 cent of land (property value: Rs. 49,000/- for 11 Cent as on that day) but no share from cash of Rs. 13000/- My Father’s Brother got 34 Cent of land (property value: Rs. 1, 65,000/- for 34 Cent as on that day) but no share from cash of Rs. 13000/- In the document, it was mentioned that my grand father got Rs.3000/- but nowhere it was mentioned that he got Rs. 3000/- for/released his land share. Also in the same document, it was mentioned that my father got Rs.10, 000/- but nowhere it was mentioned that my father got 10,000/- on behalf of his children {two sons and one daughter. We all were minor during that period}. Now my father’s bother is owning 34 cent of Land. Note: In 1994, the guideline value of one cent is Rs. 4,900/- so the market value is 4 or 5 times more than this. In this case my father was given only 10,000/- which is approx. 2.5 cent in terms of the guideline value. I have few questions, 1. Whether this kind of uneven partition is allowed in ancestral property as per Law? 2. Great Grand Mother’s property can be called as Ancestral property? 3. Do we (two sons and one daughter of my father) have rights in 34 Cent of my Father’s brother? If so then how much? 4. Its almost 20 years story so do we will get justification/rights? Kindly do the needful.


Learning

 3 Replies

Gunasekar (nil)     11 August 2014

Any updates on this pls.

B.T. RAVI (LEGAL MANAGER)     11 August 2014

A. When Hindu female dies without making a Will, All class I legal heirs are entitled to get an equal share over the property.

B. In your case, you can question the Partition deed before the Court even though Partition deed executed between the all legal heirs subject to following points.

   1. If the partition was injustice

   2. If the share distributed apart from the any legal heirs.

C. Hence, you can challenge the whole partition based on Partition was injustice.

Gunasekar (nil)     25 August 2014

Hi Ravi, Thanks a million

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