LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

B RAMESH   05 July 2017

Huf property partition

My father having 6 acres of ancestral property. And he purchased 1.5 acres in the year 2000. I , my father, and my brother together purchased 2 acres land and this in my fathers name. Besides we are havinng movable property. How much share each person will get (me. My father and brother) on partion


Learning

 3 Replies

Raveena Kataria (Advocate )     05 July 2017

Assuming your father, your brother, and you are the only people in the family, each of you will get 2 acres out of the ancestral property upon partition. (If you have a mother, sister(s), they will each get an equal share as you. For instance, in case your family consists of you, your father, brother, mother, and sister, each will get 1.2 acres of land.)

The 2 acre land and the 1.5 acres land purchased jointly by all of you will be divided among each equally (1.16 acres each) if your father consents since the properties are in his name, in my best opinion.

B RAMESH   06 July 2017

1. Only 3 members in my family. 2. 1.5 acre is in my brother name 3. 2 acres in my father name. 4. Out of 6 acres of ancetral property 2.5 acres in my name and 3.5 acres in my father name. No proprty is registered only having patta/pass book. They are not having no other income except income from ancetral property. 4. We made partion in 2014. In this i got 4 acres and my brother got 5.5 acres and my father did not get any share. 5 again we partioned in 2015. In this i got 3.5 acre my brother 3.5 and my father got 2.5 acre and i and my brother gave 1 lakh each to my father. Second agreement papers stolen by my brother. And he is saying 1st agreement stands good.But iam having witness that second agreement is made. 1. Whether 1st agreement stands good. 2. Whether that 1.5 acre which is in my brother name is joint property and i get share . As all properties combined and used. 3. Both agreements were not registered. 4. Can i approach court that he has stolen my papers and validate the 2nd agreement as iam having witness. 5 as my father did not get share in 1st agreement is it valid 6. If my brother claim1.5 acre (in his name)and father claim 2 acrez (in his name/purchased jointly). Can i claim 2.5 acres (ancetral property in my name)that it is my self proprty.

GANDHI MOHAN BHARATI (Pensioner)     06 July 2017

There are many ways ofpartitioning an HUF property. What you mean as a partion and writing down it may be  a memorandum ofpartion or agreement which is a record of "Oral Partition". 

If tjhe partiotionis Registered the last one stands.

Even an oral partition without any writing down is acceptable provided there is no dispute.

My suggestion is in your case as nothing has happenned like patta change, force another "Oral Partition", and seek pattas in your name and Father's name and your brother's name. You may need village elders to be presnt to record the hapeenings


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register