Mumbai | 29 Mar, 2022 (8 months ago)

General Advice

Advice regarding ancestral property.

Sir, If Oral partition regarding ancestral land property distribution was done in 1988 between my Grand Father and his 03 younger Sisters. The distribution of ancestral land was done as below; 1. Gran Father = 62.50% 2. Sister no. 1 = 12.50% 3. Sister no. 2 = 12.50% 4. Sister no. 3 = 12.50% Out of 03 Sisters 02 Sisters and my Grand Father are no more now. Only 01 sister is alive, but she is Bed ridden and 85 Years old. The mutation was effected in Land Revenue record (7/12) with names as above 04members (03+01) in1988. I want to know that , if Oral Portion was done in 1988, the share received by my Grand Father is become Self acquired . If, So can my grandfather, transfer this received share of land to his Daughter who taken care.
Answers
29 Mar, 2022 | 22:10

Yes, the ancestral property after partition shall be treated as self acquired.
Now daughters too have equal share in HUF property and can also become karta of HUF if eldest.
Your grandfather can will/transfer his share in property to his daughter.


29 Mar, 2022 | 14:50

The Hon'ble Supreme Court of India held that the plea of oral partition can be accepted in exceptional cases where it is supported by the public documents. If you wish to take my legal opinion professionally , then can whatsapp at 9830019661 or can EMAIL sinjarib@gmail.com .....Sinjari Bandyopadhyaya, Advocate of Calcutta High Court


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