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property right over partitioned and willed share of property
26-Aug-2023 (In Property Law)
My grandfather's self acquired property was divided as 6 shares 5 sons and 1 grandfather. share. Under above partition my father got one property under partition and one property adjacent to the property he had received under partition by will from my grandfather. On which property overwhich he got absolute rights to transfer to anybody other than his sons or daughters. Under which property my father received ( partition or will ) we have rights
Dear Sir
Which personal law applies to you as there is difference in personal laws. The fact which remains is the share which he have acquired through partition on that he is having all the rights as owner
Which personal law applies to you as there is difference in personal laws. The fact which remains is the share which he have acquired through partition on that he is having all the rights as owner
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Adv. Syed Razzaq Ahmed
Hyderabad | 25+ Answers
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Hi
Any property obtained in partition is his absolute property.
so, both the property obtained in partition and the property obtained by will are his absolute properties. Section 8 of Hindu succession act will apply in your case.
if the property was not partitioned then the entire property would have been ancestral property.
the minute the property is partitioned, the property loses its ancestral character and becomes a self acquired property/absolute property. Hindu succession act had changed the then existing stand that once an ancestral property always an ancestral property.
Any property obtained in partition is his absolute property.
so, both the property obtained in partition and the property obtained by will are his absolute properties. Section 8 of Hindu succession act will apply in your case.
if the property was not partitioned then the entire property would have been ancestral property.
the minute the property is partitioned, the property loses its ancestral character and becomes a self acquired property/absolute property. Hindu succession act had changed the then existing stand that once an ancestral property always an ancestral property.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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