Ancestral Property is a property, which has been passed on through four(4) generations of a family without getting partitioned or divided or alienated. Hence, a property in Faridabad can be considered as an ancestral property if it has been acquired by a person’s great grandfather, then further passed onto your grandfather, then your father and lastly to you without being partitioned or divided at any stage.
For Hindus in Faridabad(India), The Hindu Succession Act, 1956 will only determine the succession and partition laws whereas The Muslim Personal Law (Shariat) Application Act, 1937 determines partition and succession for Muslims in Faridabad(India).
Under the Hindu laws, a person gets the right in the ancestral property as soon as he is born in the Hindu Undivided Family.
PARTITION OF PROPERTY UNDER HINDU LAW
When there are more than 2 (two) owners of one property then it is very common to see property disputes in the family. Hence, to solve these above-mentioned disputes, people usually go for the option of partition of the family property. Joint family property can then be divided by mutual consent of the parties if it is there or get it divided on the basis of the demand of one or more of such joint-owners. Joint family property in India may be divided by filing a partition suit or by executing a family partition deed or a family settlement deed.
Partition of Ancestral Property through Partition Suit which shall be filed in District Court Faridabad
A partition suit shall be filed before the competent Court for the partition of an ancestral property which has been there in the generations. When there is disagreement/dispute among legal heirs regarding division of property, then a partition suit is filed in the court of Faridabad. The suit must be filed in the Court that has jurisdiction over the area in which the property is located and so if the property is located in Faridabad the case shall be filed there only.
A legal notice must be sent to all other legal heirs and co-owners containing all the necessary details regarding the property that is to be partitioned, shares of each of the owners and the course of action. If no response is received to such notice, a partition suit is to be filed. The Legal Notice has to be drafted by a Lawyer in Faridabad (or that you can contact Bakshi & Associates)
Once a suit has been filed in the Faridabad Court, the Court takes steps to determine if the person filing has the actual right to claim such property in Faridabad and if it is established in affirmative, then the Faridabad Court may not conduct any further inquiries and assign individual ownership of the property to the co-heirs or co-owners of the property. A Legal Heir Certificate would be deemed to be appropriate proof of your rightful claim in the ancestral property. This Certifacte can be procured from any Lawyer in Faridabad.
If it could not be established and the property could not be divided, the Court may order for further inquiry regarding the rights of the parties. The Court shall, hence, appoint a Commissioner by passing a preliminary decision who shall be evaluating the property and submitting a report regarding the rights of the parties. On the basis of this report, the Court determines the shares of each of the co-owners of the property and divide the property accordingly.
Partition of Ancestral Property situated in Faridabad through Family Settlement Agreement registered with the Sub Registrar Faridabad
A family Settlement Agreement may be executed by the co-owners of a joint family property when they wish to divide the property amongst them mutually without getting into any litigation matters. A family settlement agreement must be drafted in simple and clear terms, details of the property and the share to be acquired by each of the parties, clearly specifying the date from which such partition is to be effectuated. However, a family settlement agreement need not be stamped or registered at the office of the Sub-Registrar.
The Settlement Agreement has to be further agreed upon and signed by all co-owners along with being free of any family pressure, fraud or coercion from the other co-owners. A Family Settlement Agreement need not be written. However, it is advised that it should be written.
Partition of Ancestral Property through Partition Deed
A partition deed divides the jointly owned property among the co-owners as mentioned. The property is distributed according to the share in the property. Once a partition deed is executed, each of the co-owners becomes an absolute owner of the share allocated to him/her.
Once the partition deed is executed and the property is divided, each of the co-owners becomes the new owner of the property. The new owners now get absolute ownership of the property of the land allowing them to sell, exchange, transfer or gift their share of the property at will.
For a partition deed to be good in law, it must be executed on a stamp paper by paying the requisite stamp duty. It should further be registered at the office of the Sub-Registrar having appropriate jurisdiction. It is always advised that a partition deed must be executed under legal supervision.
RIGHTS OF WOMEN IN FAMILY PROPERTY SITUATED IN FARIDABAD FOR PARTITION
Hindu women have acquired rights in ancestral property equal to that possessed by men after the 2005 amendment to the Hindu Succession Act, 1956, which granted equal rights to both married and unmarried daughters over ancestral property. The amendment gave daughters same duties, liabilities rights, and disabilities that were earlier only with the sons. However, this privilege was limited to such women whose fathers died after September 9, 2005. The Supreme Court made further amendments in favour of women. The Supreme Court had even extended the applicability of the amendment to all women irrespective of if or not they were born before or after 1956 and they are also entitled to the benefits under the 2005 Amendment.
For Property Related Disputed in Faridabad you can contact –
Advocate Sunil Kumar Bakshi,
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
