I am a Hindu male aged 40 Years from Chennai . My grandmother had purchased a property in 1960. She died in 1982 without leaving a will. After which my father and his four brothers (total 3 of them) had partitioned the property into 3 portions through a registered partition deed in 1988. My 2 uncles have sold of their properties. My father constructed a house in his portion and is still alive and has given his property to me through an unconditional settlement deed in 2008, all municipality and electricity records have been changed into my name and taxes, bills are being paid in my name. Now my sisters are threatening to file a partition suit case saying that that the settlement deed made to me was without their knowledge.
My questions are:
1. Once the registered partition has taken place between my father & his brothers does the partitioned property become self acquired property & can he dispose it as he wishes?
2. Is my grandmotherís property ancestral property?
3. Is the registered settlement deed made by my father to me in 2009 valid?
4. Can my sisters file a partition suit against my father?
Advance thanks for your assistance
Answered on: 8/21/13, 8:40 am by Fca Prashant Chavan
Here are my answers :
1. Yes. Your father acquires the title to the partitioned property and he can deal with the property in the manner he best deems fit.
2. No. Since your grandmother had purchased the property, it cannot be deemed as ancestral property.
3. Yes. It is in the same manner as your father and your uncles partitioned your grandmother's property post her demise.
4. Yes. They can but it will not sustain in the Court of law.
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