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Nature of property Nature of property

4 months ago

Sir, During 1965 my grand father transferred his self acquired property to my father. During 1986 my father partitioned his property half on my name and half on my brother name. The transfer of property was done by revenue department not by registry office or court. whether the nature of my property is ancestral property or not an ancestral property sir? Second question whether my sisters are eligible to get share in my property sir? Because they filed a partition suit in sinion civil court. I am from karnataka. Kindly answer please. Thanking u sir

Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
It is self acquired property and not ancestral property. If your father is no more then your sisters can claim their share in the entire properties possessed by your (late) father.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
The owner of the self-acquired property can dispose of his property to anybody as he wishes either through a Will or a registered Deed of Gift. Nobody can claim a share in the said property as a matter of right. So, the partition suit filed by your sister is not maintainable. A self-acquired property cannot be termed ancestral property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

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A.Dear Client,
Generally, such properties are considered self-acquired or self-owned unless there is evidence indicating something else. However, the legal interpretation may depend on various factors, as per Karnataka laws. State to state laws varies too. Secondly as for your sisters' claim in the partition suit, the eligibility for a share in the property may be influenced by the nature of the property and the applicable legal provisions. If the property is considered ancestral, daughters may have a right to a share as per the Hindu Succession Act. It is important here to consult an local lawyer to keep you updated with the state laws on the same.
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