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Prashanth Anand (SO)     06 October 2021

Partition in family

My great-grandfather (deceased) divided property (orally) among his 3 sons, while he was alive.

1. Is the property in hand that my grand father (alive) posses is an ancestral property.?

2. Can my grand father sell/gift it as he may wish to third party, apart from his own sons.?

3. Which law I should refer to get idea of above transactions, ToP Act or Hindu Succession Act.?

4. Being his grandchild, do I have any claim in the property that I can sue him for any such transfers/gifts he has made to third parties.?

Any assistance is highly appreciated.

Request the professionals to kindly aid me in knowing answers for above questions


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 October 2021

As per your statement, you are showing interest to go to court but not for amicable settlement. What about other family members and are they also asking?

Aks   07 October 2021

You wrote "divided the property ORALLLY"  Note that oral division of property has no standing in the court of law. A written deed of Gift has to be drafted in legal format and signed by him properly to have legal validity.. GreatGrandfather's property is considered ANCESTRAL property. And it gets divided among all sons, daughters, grandsons and grand daughters. So lets say he left Rs1000. And there are 10 legal heirs, each one gets only Rs 100. But that's not the issue. The big problem is that  to prove evrything in Indian Court where such cases can run for 20 or even 30 years. If you are 45 yrsold ,you will be 75 yrs by the time such a case gets dicided..and think about the amount of money you will have to pay to lawyers. So calculate everything and then only make a decision to go to court.

 

 

 

G.L.N. Prasad (Retired employee.)     07 October 2021

When the property is divided into metes and bounds and given possession as settlement, it is no more ancestral property.  A grandchild is not a class 1 legal heir.  Possession and enjoyment also play a role and the revenue records are the valid documents.  Contact a local advocate and always mention the dates and years of each transaction and what the revenue records reflect.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 October 2021

Whether the grandson will have a right in the property of his grandfather or not,depends upon the applicableinheritance law. It is important to note that in India, there is no uniform law of inheritence in India. Succession and Inheritance are subject to various personal laws, depending upon the religion. Grandson's rights in his grandfather's property is also dependant upon the kind of property and how it is delt with i.e. whether self-acquired, ancestral, or if there is a Will made for a self acquired property.

Prashanth Anand (SO)     07 October 2021

Thanks Professionals for the advice. 
 

It was earlier 1960's and hence my great-grandfather  has orally assigned properties to his sons at that time. No documents/agreements entered at that time. 
 

However my grandfather was able to set the records straight and all (his share of partition) are now is in name.
 

Question is, since he got the properties by partition from his father (though orally at that time), and his name appears on all property documents, is the same be construed as his Self Aquired Properties or still be called as Ancestral.?

Im a Hindu, if it is required to suggest any suitable answers. 

P. Venu (Advocate)     03 November 2021

Admittedly, partition, though oral, has been acted upon and is binding. The partition having taken place, the property is not ancestral thereafter.


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