629+ Lawyers are online 
Father acquired land in partition can we claim claim share
07-Jul-2023 (In Property Law)
My father acquired one acre land during partition (not self earned ) after which it is registered in my father name .. We are 3 kids (2sons and 1daughter) to my father all of us are married. I have signed no objection for 40% land with out my knowledge at the age of 20. Now I need that 40% share. Wat is the share of my father and we kids in that land. My grand father and grand mother expired 20 years ago . father and mother both are alive .what is the share of 3kids in father's and mothers self acquired property during his life time. How much can we kids demand from my grand parents and dad'
Hi
1) In accordance to Sec 8 and Sec 19 of Hindu succession act, a property obtained by a male hindu through partition is not ancestral property, but becomes an absolute property of the male hindu.
2) Please refer to the leading case law Supreme Court of India Commissioner Of Wealth Tax. ... vs Chander Sen Etc on 16 July, 1986.
3) So legally the property belongs to your father and your father can deal with the property in which way he wants.
4) During the life time of your father, none of the siblings can have any share in your father's property.
5) The property will devolve on the legal heirs of your father in equal proportions ( (subject to he not gifting/selling/ writing a will) during his life time.
So think wisely and then make your next steps.
1) In accordance to Sec 8 and Sec 19 of Hindu succession act, a property obtained by a male hindu through partition is not ancestral property, but becomes an absolute property of the male hindu.
2) Please refer to the leading case law Supreme Court of India Commissioner Of Wealth Tax. ... vs Chander Sen Etc on 16 July, 1986.
3) So legally the property belongs to your father and your father can deal with the property in which way he wants.
4) During the life time of your father, none of the siblings can have any share in your father's property.
5) The property will devolve on the legal heirs of your father in equal proportions ( (subject to he not gifting/selling/ writing a will) during his life time.
So think wisely and then make your next steps.
Helpful?
47+
47+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
SIR,
please mention whether no objection document which you signed registered or not. your father divided that 1 acre in to 40:40:20 ratio and if you relinquished your right and if it is registered you will not get any thing.
your father is alive and your share in that land with your father is equal. so, 1 acre has to divide in to 4 parts.
you will not get single pie in your father and mother self acquired property especially when both are alive.
they are at liberty to donate their self acquired property to any body by way of will or gift.
you can not demand them for your share which is not at all there.
with regard to your grand parents property you have your share in the property if it is not denied by you.
please mention whether no objection document which you signed registered or not. your father divided that 1 acre in to 40:40:20 ratio and if you relinquished your right and if it is registered you will not get any thing.
your father is alive and your share in that land with your father is equal. so, 1 acre has to divide in to 4 parts.
you will not get single pie in your father and mother self acquired property especially when both are alive.
they are at liberty to donate their self acquired property to any body by way of will or gift.
you can not demand them for your share which is not at all there.
with regard to your grand parents property you have your share in the property if it is not denied by you.
Helpful?
25+
25+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
