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Thees   21 August 2015

Ancestral property - partition

Property A was enjoyed by my Grandfather and his brothers and it was ancestral property. The brothers partition the ancestral property in 1944. My grandfather has 2 sons and 2 daughters. 

The grandfather writes a settlement deed in favor of one of the son in 1960. My grandfather dies in 1980. 

I have few questions,
1) My grandfather and his brothers inherit the property from their father and partition it among themselves (No written document, but they have a verbal agreement). Is it ancestral property or self acquired property ? He has 2 sons and 2 daughters.

2) For an ancestral property my grandfather himself was a coparcener along with his kids, can he write a settlement in favor of his son for the whole property ?

3) what legal options are available for the daughters in the above case ?

Thanks



 2 Replies

saravanan s (legal advisor)     21 August 2015

once a property is partitioned it loses its character as a ancestral property.since it had become the self aquired property of the grandfather he can give it to anyone he wishes to give either through will,gift or settlement deed.the daughters cant lay any claim over the property.

Kumar Doab (FIN)     21 August 2015

Is the settlement deed also not registered?

You may show all docs on record to an able lawyer specializing in family/property/revenue/civil matters.

 


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