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Author Topic: Property partition during the lifetime of father  (Read 118 times)

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Offline ramesh1234

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Property partition during the lifetime of father
« on: December 23, 2017, 10:13:08 PM »
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


Offline kalaskarkk

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Re: Property partition during the lifetime of father
« Reply #1 on: December 25, 2017, 10:15:00 AM »
Dear Madam/Sir,

ALREADY REPLIED ON OTHER PLATFORM IN DETAIL,

Thank U
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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