Property leased against claims on paetition

Sir,

The lease rights of property were allotted to your father for 99 years, and these were inherited by his legal heirs, in equal proportions, on his demise. The brothers and sisters have equal rights of inheritance.

Good Luck,

Kishor Mehta

Lease of 99 years need not necessarily be lease in terms of TP Act, but a grant with conditions to be fulfilled before the lesee attains occupancy rights. Everything depends upon the terms and conditions of the original allotment.

Thanks for responding Venu ji

But my specific queries have remained unanswered. Let me re-write and recast queries with respect to the details of the property already given and the document i.e. original copy of the original lease deed attached therewith;

(a) Whether this property is to considered as self acquired or ancestral as it was allotted against the clams granted for parental property left behind in Pakistan on partition? and now

(b)  How (in what proportion) the property should be or will be divided in this case.
 

In order to answers the above queries it has to be examined as to in what way the Hindu Succession Act 1956 or the Amendment 2005 would be applicable in this case. We would have to adduce the reasons for the same even if it is concluded that the HSA Act 1956 or the Amendment 2005 does not apply here.

Further the (a) above is to be answered based on the basis/facts/background on which this lease hold property was allotted. Once the (a) is decided or concluded then (b) is to be determined as per the provisions contained in the HAS Act 1956 or 2005.

May therefore like to see again please. Thanks.

Vijay Kumar

M-09899545882
 

Thanks for responding Mehta ji

But my specific queries have remained unanswered. Let me re-write and recast queries with respect to the details of the property already given and the document i.e. original copy of the original lease deed attached therewith;

(a) Whether this property is to considered as self acquired or ancestral as it was allotted against the clams granted for parental property left behind in Pakistan on partition? and now

(b)  How (in what proportion) the property should be or will be divided in this case.
 

In order to answers the above queries it has to be examined as to in what way the Hindu Succession Act 1956 or the Amendment 2005 would be applicable in this case. We would have to adduce the reasons for the same even if it is concluded that the HSA Act 1956 or the Amendment 2005 does not apply here.

Further the (a) above is to be answered based on the basis/facts/background on which this lease hold property was allotted. Once the (a) is decided or concluded then (b) is to be determined as per the provisions contained in the HAS Act 1956 or 2005.

May therefore like to see again please. Thanks.

Vijay Kumar

M-09899545882