partition of property – whether ancestral or self-acquired

[Sethuramalingam Kethrabalan]

Sir,
My father in law died without making a will. My wife has two brothers and mother.
My wife’s Grand father died when my father in law was a minor. My wife’s grandfather had a brother. Both the brothers were doing business together.Whatever property they earned as well as ancesstral property, my father in law’s uncle made a partition deed in 1940.This deed contains four list
1) Property in list one for Father in law’s uncle
2) Property in list two for my father in law
3) property in list three for father in law’s Grand mother ( she is also the gaurdian for my father in law.After her death property to be divided between my father in law and his uncle.
4) Property in list four to be enjoyed by my father in law and his uncle.

My father in law’s uncle was having a daughter and she expired. My father in law’s uncle died with out making a will.
My father in law was having two sisters and one aunt(died) and she was having six children. They could not amicably settle the property. so they went to court.
So the court asked them to divide the property (List 1 and List 4) equally among the nine heirs. So my father in law got one share out of this. I want to know this property my father in law got through court order (1/9th share of List 1 and list4)
is self accuqired property or ancesstral property.

Kindly send your reply through mail Id sethutpr@gmail.com

Thank you in advance for your reply.

Regards
K.Sethuramalingam

[Dr. Ashok Dhamija]

Firstly, it is advisable for you to consult some local lawyer and show him the detailed papers and facts, in view of the complicated fact situation and also in view of the question as to which particular law applies to succession to property of your father-in-law. Moreover, you have not made it clear when did your father-in-law expire.

Presuming that your father-in-law died after 2005, and that he is governed by Mitakshara law (which is generally the case), your question should become an academic question, in my view. This is because an amendment to Section 6 of the Hindu Succession Act lays down that where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu Family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under the Hindu Succession Act and not by survisorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and also that the daughter is allotted the same share as is allotted to a son.

Even otherwise, from the facts mentioned by you, it appears that the property of your father-in-law would be divided in accordance with Section 8 of the Hindu Succession Act, as per which daughter will get equal share.

However, as mentioned above, what I have mentioned is on the basis of incomplete facts. You should consult some local lawyer and show him the relevant documents / facts for a proper advice.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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