• Daughter and son rights on partitioned ancestral property

Hi, I have understood from your answer to my previous question (https://www.kaanoon.com/10593/granddaughter-s-rights-on-grandfather-s-self-acquired-property) that my father has rights to write will on partitioned ancestral property(80% of the property is grandfather's self earned) which is divided among his brothers in 1983 according to karnataka land revenue act, where the partition was done in taluk office with tahsildar seal and signature. And the partitioned agricultural land of individuals is reflected in RTC since then. It is understood, revenue land didn't require to be registered at that time, is my understanding correct?
Does my father has right to write will on his portion of this partitioned agricultural land? or is it considered ancestral property where me and my sisters have equal rights to claim?
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

Your understanding is correct that your father can executed will in respect of properties inherited by him 

 

2) he can execute will for partitioned agricultural land 

 

3) it is not ancestral property 

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

Ancestral property for you and your sister will be called only when it could have be earned by your great grand father.

SO this is not Ancestral and it inherited by father's property so it self earned property your father can make WILL for the same property as per his wish.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

I disagree with your lawyer 

 

father can execute will for partitioned agricultural land 

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

Ask him to read the definition its clear says:  If the property up to four generations and remained undivided. Whereas in your case its divided property in the first generation

 

Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. For descendants, be it a daughter or son, an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

Local lawyers are correct and have rightly pointed out legal perceptions as per Hindu Succession Act as amended in 2005 extension of right of share of daughter in Ancestral property. 

Your father can't WIIL out Ancestral property to anyone except his self acquired property to anyone even barring legal heirs is the law of Hindu Succession Act

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The self acquired and ancestral properties of your grandfather which got partitioned in 1983 amongst his children are considered as separate properties in the hands of children having the characteristics of self acquired properties, which can be bequeathed to the beneficiaries during the lifetime of the Testator. In other words your father can bequeath such properties through execution of WILL.

 

Shashidhar S. Sastry
Advocate, Bangalore
5384 Answers
329 Consultations

1. IF Ancestral Land was documentarily duly Partitioned, THEN such partitioned portion looses status as "Ancestral Property".

2. AFTER partition proceedings, the partitioned portion becomes "Self acquired property" and is  legally sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....  without any further legal references.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Property which has remained undivided for four generations is regarded as ancestral property 

Ajay Sethi
Advocate, Mumbai
96744 Answers
7804 Consultations

Yes  , You are right. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The ancestral land coming in the hands of a co ssharer through a deed of partition is considered to be his self acquired by Mitakshara school of Succession. 

So the person is free to dispose of the said property ar his own will.

So this is no more his ancestral property. 

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1. The share which a coparcener gets in the ancestral property on its partition becomes his separate property which he can alienate/bequeath in the same manner as his self acquired property.

2. Revenue documents are not documents of title.

3. It is not clear to me on what basis you call the property ancestral in the first place.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. After partition the property does not remain joint anymore. How do you say that the property is ancestral?

2. Under Hindu Law a property attains ancestral character only and only if it remains undivided for at least four generations.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If it's a ancestral property then your father can't will it. If it has been received by him as his self acquired property then he can

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Father can execute WILL of inherited property and inherited property acquired after partition resumes ancestral status on the birth of great grand child.

You will have right when your child will born.

Yogendra Singh Rajawat
Advocate, Jaipur
22980 Answers
31 Consultations

- As per Mitakshara school of Succession. , after dividing an ancestral property , it becomes the self acquired property . 

- Further,after getting his share , if becomes a self acquired property of your father , and then has his right to transfer the same to any one and none has right to claim. 

- Hence, he is free to write a WILL. 

Mohammed Shahzad
Advocate, Delhi
14415 Answers
221 Consultations

You need to find out the chain under which the said property is devolved through pool of self acquired or ancestral. If it's devolved Undivided without will then ots ancestral otherwise self acquired

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Yes, it's a ancestral property and all have equal rights.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

1. Yes your understanding is correct.

2. Yes your father can write will for the property inherited to him from his father after partition.

3. Local lawyer is wrong once the property is partitioned and transfered on name of legal heirs it attains status of self acquired property.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

First of ll after the property was partitioned among your grandfather and his siblings it has lost its nature of ancestral property.

Now it has becomes your grandfather's own and absolute property. 

If your grandfather had transferred any share of the property to your father by partition or settlement  or by Will, then your father becomes the absolute owner of the so transferred property share, provided such transfer (other than Will) was executed by a registered deed.

This is not ancestral property hence neither nor your siblings can claim any share in it as a right at last not during the lifetime of your father.

 

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

It is an incorrect interpretation of law.

You may take a second opinion from a different and experienced lawyer in the local or outside.

 

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

No.

Once the property has been partitioned, it has lost its ancestral nature.

 

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

  1. As per the information mentioned in the present query, makes it clear that the property in the partitioned came to your father from your grandfather.
  2. I would like to apprise you that anything in immovable coming from the last three generation of the ancestors, is considered and said to be ancestors in the hand of the present generation.
  3. Yes, you and your sister have equal rights in the property irrespective of its nature like as to whether agricultural or commercial or residential.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

Sir, the property which has come to your father as his share shall not be considered as his self property as the same is being coming to your father from his father making it as ancestoral property.

In fact, the property or share which you will be getting from your father property that will also be anscestral for your children too.

 

This is the well defined law of Hindu Succession act.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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