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Author Topic: Partition of self acquired property only  (Read 1404 times)

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Offline LalitBarik

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Partition of self acquired property only
« on: September 01, 2015, 06:01:08 AM »
My father died in 2003 and my mother in 2007 without any will. We are 2 brothers and 3 sisters (all are married and well settled). My father had declared to relinquish his rights overs his ancestral property (which was very little) in favour of his his two younger brothers, though nothing was in writing. In fact, he himself divided the ancestral property between his brothers, in around 1990. My mother also supported his decision.

In 2009, I asked my elder brother for partition of the self acquired properties of my parents, to which he demanded for major share and I refused. Since the matter could not be settled by our family elders, I filed a partition suit and asked for my fair share from the self acquired properties of my parents. In my petition, I also mentioned the fact about my father's declaration of relinquishment of his rights over his ancestral property. My elder brother in his reply denied the relinquishment and is asking that my father's share of his ancestral property should be included in the hotch pot before partition. His aim is to complicate the matter and delay the proceedings. My sisters are supporting me and my views over the matter.

Is it possible to ask for partition of self acquired properties only and exclude the ancestral property (or force my elder brother to file a separate petition, if he is so interested in it)? Are there any legal precedent or acts to help me?

Offline adv.amarnath

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Re: Partition of self acquired property only
« Reply #1 on: September 01, 2015, 09:28:14 AM »
No, the partition case cannot exclude ancestral property. A property in which there are joint owners/ several owners all shall be brought into a partition suit. The properties which you along with other brothers and sisters have inherited from your predecessor shall be in question under partition suit.

If you are satisfied with my advice or solving your query then please click on APPLAUD just on left hand side of this post.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline LalitBarik

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Re: Partition of self acquired property only
« Reply #2 on: September 01, 2015, 10:16:13 AM »
Sanyal Ji

Thanks for your reply.

There are two properties, namely ancestral and self acquired by my parents. We are 5 legal heirs to my parents. Only my brother is demanding a share in the ancestral property of my father. Myself and my sisters are asking for share in only the self acquired properties and willing to relinquish our shares in the said ancestral property of our father. We are ready to state so in writing. Is it possible to argue that the honorable court can ask my brother to file a separate case and ask for his share in the ancestral property over which we will have no claim whatsoever?

Offline adv.amarnath

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Re: Partition of self acquired property only
« Reply #3 on: September 01, 2015, 10:54:57 AM »
Whatever you have stated and same has been pleaded in your partition case then I would say that you case is weak as all the property should be included in the partition suit whether ancestral or self acquired. Ultimately your parents were owner of all those properties which has devolves upon their heirs.

Now, question of relinquishment of shares from ancestral property or self acquired property, whatever may be, can only be made in a Deed of Partition not in a partition suit.

Therefore, you can ask and place your proposal to your brother, if he refuses then you have no option save and except to get partition all properties through court. But you should all properties left by your parents in your partition suit otherwise it will be more delayed than your expectation due disclosure/ supressed of other properties.

If you are satisfied with my advice or solving your query then please click on APPLAUD just on left hand side of this post.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline LalitBarik

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Re: Partition of self acquired property only
« Reply #4 on: September 02, 2015, 12:58:11 AM »
Sanyal Ji

Thanks again for your reply and clarifications.

As you have observed, your reply puts me in a disadvantage. In fact, my father's share in his ancestral property would have been very little and hence he refused to take any share. I have very good relations with my uncle and I also would like to honor the wish of my parents. Also, the said property has not been mutated since last 3 generations even though they have done the partitions and tilling the land as is normally done in villages. Including it in my partition suit would mean to add atleast 30+ persons, none of whom have any rights over the self acquired properties of my parents. My elder brother knows it very well that including my father's ancestral property will delay the case by years. I am also sure that he is doing so simply to harass me and not for any monetary gain. In fact it will bring a bad name for him within our relations at village.

I was hoping that, there might be some way by which only the self acquired properties could be partitioned, but your reply has dashed my hope.

Anyway, thanks again for your insight.

Offline adv.amarnath

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Re: Partition of self acquired property only
« Reply #5 on: September 02, 2015, 06:10:59 AM »
But you have one alternative way to avoid getting partition in respect of your ancestral property. But due to professional reasons I cannot explain the procedure in this open forum. You can contact me over my email.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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