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Equal division of self acquired property of father between sons
26-Feb-2023 (In Property Law)
Sir, Please let me know is their any law stating that a self acquired property of a person should be partisioned equally among his children.If not partisioned equally can his children file a SUIT FOR PARTATION of their fathers SELF ACQUIRED PROPERTY in the court of law for equal division of that self acquired property ?
Hello,
This advice will be given on a presumption that you are Hindus. The law of succession governing self acquired property of a hindu male dying intestate is section 8 of the Hindu Succession Act, 1956. As per this section if a hindu male dies intesate then the class I heirs will inherit an equal share in the self acquired property. The sons of a hindu male are considered to be class i heirs along with their mother, sister and legal heirs of any sibling who has predeceased them.
By law there is an automatic succession but in case any of the sons of deceased hindu male are intwrfering with the succession rights of the other heirs then a suit for partition can be instituted before the civil court
Please feel free to post any other queries in this regard.
This advice will be given on a presumption that you are Hindus. The law of succession governing self acquired property of a hindu male dying intestate is section 8 of the Hindu Succession Act, 1956. As per this section if a hindu male dies intesate then the class I heirs will inherit an equal share in the self acquired property. The sons of a hindu male are considered to be class i heirs along with their mother, sister and legal heirs of any sibling who has predeceased them.
By law there is an automatic succession but in case any of the sons of deceased hindu male are intwrfering with the succession rights of the other heirs then a suit for partition can be instituted before the civil court
Please feel free to post any other queries in this regard.
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Adv. Amit Mandgi
Bangalore | 25+ Answers
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The self acquired property of a person is his absolute property and you cannot seek its partition during his life time. However, if such a person dies intestate then his legal heirs can file suit for partition, sons and daughters will get equally.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Father has absolute rights to deal with the self acquired property during his life time and can also will the devolution of the same in whatever manner he desires. Children would get rights only in the event of his dying intestate Further details contact us thank you
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Adv. Vedashree A
Bangalore | 500+ Answers
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