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Partition after father's death when 1 share have already been given
30-Jul-2023 (In Civil Law)
There are 4 children to my father,two males and two females. One of the female(X) was married in 1982 and in 1984 we transferred one acre of land to her as "pasupu kumkuma"and in 1987 she sold to other person. My father was expired in 2009,till 2009 the 3 acres of land were under my fathers handour. In 2011 we distributed the 3 acres of land to remaining parties expect to party X(because as per our point of view we had already given) In 2014 she filed a case saying that "My father had not distributed the properties and the land under joint assets with out my consideration they enjoying the benefits please give my share. I am one of the son asking this question,All the three acres are in case. How much share will everyone get?
Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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