Legal Question in Real Estate Law in India

Mr. A got his properties/share(agricultual lands) from his Father by registered partition deed in the year 1972 amongst his other brothers,during lifetime of their Father.
Father expired in the year 1976.
1. Is the property obtained by registered partition deed is ancestors property or self/own acquired property in the hands of A ?
Now A has 2 sons and 3 daughters.
2. Can A make partition deed to his two sons, leaving his 3 daughters ?
3. Can daughters challange the partition deed against father and brothers ?
4. What are the possibilities that daughters also gets share in that ?

Asked on 1/28/14, 1:21 am

Fca Prashant Chavan Expert Edge LLP

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28.01.2014

Dear Sir / Madam,

1. Since A has not acquired the property through his own sources of income, but by way of a partition deed, the acquisition is ancestral property.

2. No, since it is ancestral property, daughters will have an equal right in its partition.

3. Yes, daughters can challenge the partition deed if made only in the names of the sons, and in all likelihood, they will win the case.

4. Daughters will have to be given a fair share by A in the partition.

Regards,

Answered on 1/28/14, 2:00 am

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Since it is an ancestral property daughters can claim there right.

Answered on 1/28/14, 9:53 pm

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