My brothers partitioned ancestral property. I acquired no share. Can I problem it?

We are 4 brothers and one sister. My father who had handed away in 2002 had an ancestral land. My 4 brothers had partitioned the ancestral property in 2003 by a registered partition deed with out giving me any share in it. Can I problem the partition? 

The Hindu Succession Act, 1956 was amended in 2005 making the daughter as coparcener within the joint household, having the identical rights as these of a son. So all of the daughters who have been alive on ninth September 2005 could be entitled to a share within the joint property. The modification additionally offered an exception to this and acknowledged that any disposition of the household property or partition by a registered partition deed or underneath court docket order, made earlier than 20-12-2004, is not going to be disturbed. Since the partition of your father’s ancestral land was completed by means of a registered partition deed, you won’t be able to problem it. 

Before the modification of Section 6 of the Hindu Succession Act, 1956 the joint household property would devolve on the remaining coparcener by survivorship. However, there was an exception to the rule of a succession of the joint household property by survivorship to the dwelling coparcener in case the deceased had any feminine authorized heirs claiming by means of him. In such a case his share within the joint property wouldn’t go on by survivorship however will go on to his authorized heirs as if his share within the joint property was his separate property. In order to seek out out the share of the deceased within the joint household property it was to be assumed as if a notional partition of the joint household property was completed simply earlier than his dying. So although you can’t declare your share within the ancestral property as coparcener however you might be entitled to your share within the a part of the ancestral property which your father would have been allotted had there been a partition simply earlier than his dying. So on this floor alone, you possibly can problem the partition as you have been entitled to your share in fathers share within the ancestral joint property on the date your father handed away.

Balwant Jain is a tax and funding professional and could be reached on jainbalwant@gmail.com and @jainbalwant on Twitter.

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