Legal Question in Civil Rights Law in India

a partition made in 1960 with father A and B,C,D sons. the properties are bought by the kartha. he and his four sons are partitioned the whole properties. after the partition a son B sold some properties and write a settlement in favour of his one son in 2002. (the others said that is ancestral property and no one should take himself) then the person B's other son's filled a suit for their share?

please guide me is that ancestral / separate property for B ?

B has son and grand sons now.


Asked on 1/29/13, 2:33 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

No this is self acquired property of Band he can dispose of the way he wishes to do. But if he dies intestate then all his legal heirs have share /right in his property......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 1/29/13, 2:39 am
Fca Prashant Chavan Expert Edge LLP

29.01.2013

Dear Sir / Madam,

Post partition of the property in 1960, B is entitled to deal with the properties titled in his name in the manner B best deems fit. Even if B is holding the properties as a karta of an HUF, B's actions will be deemed to have been done in the best interests of the HUF. B is free to sell the property, gift the property to his son / daughter or grandson / granddaughter, or make a Will of the property belonging to B.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/29/13, 2:59 am


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