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vivek nelson   11 March 2024

Portion deed executed without daughters(christian family)

Partition deed executed without Daughters(Christian family)

Hello sir , My Grandfather (father’s father) had ancestral property and partition deed was executed between my grandfather, father and my uncle  in 1999 - Total property of 15 acres of agricultural land was divided into three parts among them. 

Family tree:
My Grandfather had 4 kids (two daughters (my aunts) and two sons (my father and  uncle)). we are based on Tamilnadu, and belongs to christian family.

Now my Grandfather is no more (died on 2017) and property belonging to my grandfather is in possession of my father and my uncle  (my uncle already sold 2 acre of land ).

From google search i came to  know ,  for Christian’s family ancestral property issues are coming under Indian succession act 1925 and 
daughter’s(my aunts ) have no right on ancestral property if the will is made by father(in this case my grandfather).

My grandfather only made partition deed(without including my aunts).  I don’t know the difference between partition deed and will deed.

1.Does my aunts have the right on my grandfather/father/uncle property.
2.  partition deed is valid ?


Thanks in advance



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 March 2024

There is no concept of ancestral property among Christians neithr there is any concept of  coparcenarer.

If the property was owned by your grandfather then he has full rights to dispose them in the manner he may feel  right and proper.

His authority cannot be uestionned by anyone.

If he has died intestate i.e., without making any arrangement to his property then the daughters may claim a share as per their proportionate entitlement but the grandfather seems to have partitioned the properties among his sons alone, hence his intention to ignore his daughters are very clear. 

 

Thus, any property which has not already been bequeathed or allocated as per legal process, will, upon the death of the owner, in so far, as he is an Indian Christian, devolve as per the Rules contained in Chapter II of the Indian Succession Act. If a person has not made a testamentary disposition of his property which is capable of taking effect, he is deemed to have died intestate in respect of his entire estate. Intestacy is either total or partial.

If your grandfather has not made any arrangement to his share in the property then that property alone shall alone fall under intestate succession. 

In case of a Christian daughter, she has no pre-existing right in the family property and her rights arise when her parents die intestate.

 

vivek nelson   14 March 2024

Thank you sir for your detailed reply.


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