It is self acquired property of father
2) brother cannot seek partition during father lifetime
3) during father lifetime son has no share in father self acquired property
Property fartition during the lifetime of fahter
Dear Learned Experts, My grandfather during his life time has equally distributed his self acquired property to his 3 sons. Accordingly they are enjoying their respective shares from 1980 by paying the Tax/revenue to Govt. Their names were mutated in revenue records. My Grandfather died in 1988. Subsequent to his death my grand-mother died in 1993. In evidence to that partition all the brothers of my father got executed a Registered Partition deed dated 12/12/1993. So far as the brothers are concerned there is no dispute. Subsequently, my father acquired huge properties by doing different business. He never took the income derived from the lands given by his father.(Grand Father) My elder brother born in 1980. I was born in 1986. Now, my elder brother has filed suit for partition contending that the property is the joint family property. Myself and my father filed written statement contending that subsequent to the distribution of the property from my grandfather, it should be construed as my father’s self acquired property. This is a Hindu Family. My question is 1. What is the nature of the property, which is in the hands of my father? 2. Will my elder brother have a right to ask for partition of the property during the life time of my father? 3. All the legal experts are saying that it is his self acquired property, but nobody is not in a possession to substantiates their answer with relevant decisions. Will be grateful if you can simplify the question with relevant answer and also share the relevant decisions in this regard. Thank you, Ramesh
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
Firstly, any property which you get from the father is your ancestors property with regard to your children irrespective of the fact that your grandfather had the same property as the self acquired property.
Secondly, your brother can claim only to that property now also and even after the demise of your father.
Thirdly and lastly, but, he can't demand anything from the property of your father's self acquired as the same is not from the income generated from the property given by your grandfather.
Good Luck...!
Hi,
1. The ancestral propertycan not be self acquired property in the hands of any hair. The owner of the properties at the time of his legal possession can sell off if not objected by any person who has share in the property by birth even if the ownership is not transferred to him.
2. Your elder brother definitely have the right in the property even if it is not petitioned ancestral property .
property
3. The properties earned by
your father during his lifetime by the businesses is his own properties during his lifetime he have the all the rights enjoy and the property and to pass return as per his wish.
If your brother is contesting on the properties on by your father definitely is going to lose the contest but in case of ancestral properties it's a will be allowed by the court
1. After the execution of partition deed the specific share which a signatory gets becomes his separate property which he is capable of disposing in the same manner as his self acquired property. The joint character of the property stood severed after the execution of partition deed.
2. If your brother is contending that the property is joint then the onus is on him to prove when and how the property became joint. Furthermore, he has to challenge the partition deed also by seeking a declaration of nullity.
3. Do not expect us or any lawyer to give you 'decisions'. When people consult us we give them our opinion, not the decisions of the courts.
It is self acquired property of your father son had no right for partition in it
Hi Ramesh
Subsequent to the partition deed dated 12/12/1993, the properties obtained through partition by your father is his absolute property and NOT ancestral property by virtue of the Hindu succession act.
You may refer to the following judgments confirming our guidance
1) Supreme Court of India, Uttam vs Saubhag Singh & Ors,CIVIL APPEAL NO. 2360_of 2016
2) Commissioner of Wealth Tax, Kanpur and Others v. Chander Sen and Others
To answer to your question
1) The property obtained by your father is his absolute property (self acquired property) vide partition deed dated 12/12/1993.
2) Right to seek partition- Your brother will LOOSE the case, in the event you prove that the Registered Partition deed dated 12/12/1993 in court.
3) There are about 8 to 10 judgments on the similar subjects by supreme court, Andhra pradesh High court. However we have quoted the latest supreme court judgment and the foundation of many such judgments for your perusal and use.
Hope this information is useful.
Dear Sir, Thanks a lot for the detailed reply. If possible, can you please tell the Andhra Pradesh High Court Decisions in this regard. Thank you, Ramesh
Asked 6 years ago
Thanks for your appreciation
It is well settled law
You don’t need judgments for said proposition
1. You are right in claiming that the said property is your farther's self acquired property part of which he has inherited and balance he has purchased.
2. No, your elder brother has no merit in his claiming share of your father's said property during his life time.
3. You require no decisions in this regard since it is well settled proposition of law that already partitioned property and/or self purchased property can not be called as family property.
1. What is family property has been defined by law.
2. self acquired properties also has so been defined.
3. Citations are required where there is an ambiguity for which Judgments are required which is not your case.
There is something known as 'basic law' for which you do not have to look to decisions. Be that as it may, if you want it then do a google search. We have no time to search and give you decisions.
1. You can hire an advocate to find out the relevant judgments by paying his professional fee, This is not a platform to search relevant judgments and assist the litigents.
My question is
1. What is the nature of the property, which is in the hands of my father?
The properties either inherited or self acquired shall be your father's own and absolute properties.
He is the only person who has full rights in it, his authority over the same cannot be questioned by anyone at least not during his lifetime.
2. Will my elder brother have a right to ask for partition of the property during the life time of my father?
No, he has no right especially during the lifetime of your father.
3. All the legal experts are saying that it is his self acquired property, but nobody is not in a possession to substantiates their answer with relevant decisions.
What relevant decision you want when the law and the provisions of law is very clear on it.
You dont have to rely upon any decision on this when the law is very clear.
Your brother cannot claim any share in the property as a right especially during your father's lifetime.
Will be grateful if you can simplify the question with relevant answer and also share the relevant decisions in this
You dont have to rely on any relevant decision because it is a simple provision of law.
Instead of wasting your time on such petty issues, you concentrate on how to get his case dismissed soon.
If possible, can you please tell the Andhra Pradesh High Court Decisions in this
Your lawyer knows about this more than anyone, you can approach your lawyer for getting the decisions of AP high court for this situation.
My question is
1. What is the nature of the property, which is in the hands of my father? --- personal properties both self acquired and from his father.
2. Will my elder brother have a right to ask for partition of the property during the life time of my father? -- No, even ur father can disinherit any share to his sons.
3. All the legal experts are saying that it is his self acquired property, but nobody is not in a possession to substantiates their answer with relevant decisions. -- This is straight law of inheritance, For precise - CAN contact, fee payable.
Will be grateful if you can simplify the question with relevant answer and also share the relevant decisions in this regard.
