Jagatjyoti Mohanty
Asked August 20, 2016

informal partition

  • 1 Answer
  • 224 Views

Hi sir, This is regarding advice for property dispute. We are family of 6 brothers and 4 sisters.our father died in 2009 and mother is still alive. Our father had one land property (not ancestral it's gifted one), we 5 brothers took personal loan individually to construct house in that land.During construction other members (one brother and 4 sisters)neither objected nor contributed in monetary or man power. After construction finish and rent started they are seeking equal rent share without any investment.we agreed for partial sharing without invest or full share with invest.They didnt agree on this and sent legal notice for the same. Please suggest anything sir,waiting for ur reply.

Answer 1

Thank you for writing to us.

 

As you have stated that the father's property is a gifted property then it qualifies to be called as a "self acquired property". It is different from the ancestral property. The self acquired property is a property acquired by the person from his or her own resources or has been acquired by some gift or deed is considered to be a self acquired property. The person can dispose off his property and enjoy his property by any means. The legal heirs of the person are not entitled to claim partition during the life of the person. They can only seek partition of the self acquired property after the death of the person intestate (without will). 

 

 

Earlier the daughters cannot seek partition in the self acquired property. But then Hindu Succession (Amendment) Act, 2005 brought daughters into this area and conferred rights on them to seek partition with respect to the self acquired property. 

 

The law of succession for the self acquired property when a male Hindu dies intestate then the property will be distributed among the Class I legal heirs and the shares will be equal. And, when a female Hindu dies intestate then the property will be distributed among her children and husband. 

 

In your case father died intestate therefore, the property is supposed to be acquired by the his heirs i.e., you, your brothers and sisters. And also, the property is suppose to be equally divided. It is likely in their favour that they would get the part of their land since you have no proof which proves that earlier they had relinquished their interests in the "self acquired property" of your father. 

 

In Prem Bhatnagar v Shri Ravi Mogan Bhatnagar & Ors. of 2006 case, the property acquired by the father was in question. The father acquired one-six share of the ancestral property and acquired the rest after his siblingsexecuted the relinquishment deed. The Court held that the property acquired by the father was the self acquired property and the his siblings do not have any interests on that particular property afterwards and it lost the character of "ancestral property".

 

If you earlier asked your four sisters and the brother to execute the relinquishment deed then similarly your siblings would not have any interests on the said property. It is very unlikely for you now that the property would only be concentrated to the people who have invested in the construction in the said property as there is no substantial prove showing that the property was relinquished by the other five sisters and a brother. You can only seek compensation from the Court since they had not invested any money for the construction. If they wish to get the equal shares from the rent, they can do so after compensating you 5 brothers.

 

Hope this helps and please write to us for any further inquiry. Thank you. 

Agree Comment 0 Agrees about 1 year ago
Consult Now

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.

12d21a58eb806f1b753e4e818bc7ccbe
Need to talk to a lawyer?
Book a phone consultation with a top-rated lawyer on Lawfarm.

Call A lawyer