sumit srivastava (Advocate) 26 February 2011

partition and notional partition

hello everyone, i want to know that if there is a joint family property and if partition demanded whether there will be notinal partition first and then shares be determined by partition or the shares be alloted to those who r alive i am giving two situations here and request you all to tell how partition is to be done :-

1) Family consisting father, two sons and the father is dead now.

2) Family consisting Father (F), two sons (FS and FS1), two sons of FS i.e; FSS & FSS1 and two sons of FS1 i.e; FS1S and FS1S1 and also wife of FS1 i.e; FS1W and now FS1 is dead. How will now partiotion take place.

Plz tell me the respective shares of each member in both the cases and also reasons. Regards.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 26 February 2011

If father is not alive then share of the father will be alloted equally to the sruviving legal heirs of the deceased father.

If father is alive and if it is ancestral property then father will get equal share in the properties along with his brother and sisters and in the father's share his sons and daughters will get equal share along with the father.

Xan (a) 08 May 2012

Hi, We have a land in the name of our father. He had 2 sons and 2 daughters. I am one of the daughters. I got married in 1989 and my sister got married in 1955. Will this date affect the partition according to the hindu partition Act of 1956? My father expired in 1983. But, we came to know the fact that he had the land in his name only in 2004, 21 years after his death. I wanted to ask how the partition of the land will take place. By notional partition i.e. 1/3 rd land to father and to his two sons each and then an equal partition of fathers share amongst 2 sons and 2 daughters. In this case, I will get only 1/12the share. Or will the partition take place equally amongst sons and daughters i.e. 1/4th to all? Since we came to know about the property only in 2004 and not at the time of his death. Also, my father also did not know about the property when he was alive. Plz help me regarding the partition of the property and the shares.