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SANKARPRASAD (MNGR)     12 April 2024

Family partitions issue

A father was there . He got a Son in 1958. After that  He got First daughter in 1964, Second Daughter in 1966 and Third daughter in 1970.

He had an ancestral property. And in 1971 ( By this time he had a Son and First daughter) He did a partition of some of his ancestral property through a Regd. Document and kept some portion with him( say it as Schedule A).

Again in he endorsed some property from above schedule A  in 1972( By this time all three daughters and Son are live and living with him in minor state.

For ancestral property this this father had any right to do partitions as he likes to his son? 

This was happened in 1972 , Shall any other daughters claim their portion in this ( On which no transaction was happened).  Any limitation is there to claim?

Request you to pl. clarify..

Regards

NVS Sankaram.

 

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

The children who were not allotted with a share in the ancestral property can very well claim a share in it at any stage.

kavksatyanarayana (subregistrar/supdt.(retired))     12 April 2024

In the year 1971, the father partitioned the property by a registered document, but with whom he partitioned the property? Without a legal person, he could not partition the property by a registered deed.  And how did he endorse some property in the year 1972?  Your query has no clarity.

Mr. Sumitra kumar (Advocate)     13 April 2024

Daughters can claim their part of property as they have become a coparcener after 1956 Amendment.

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

Yes, the daughters are entitled to a share in the ancestral property once they are coparceners to the joint  family property.


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