The Civil Code, 2017 provides with equal inheritance laws ensuring equal right to sons and daughters over the ancestral property regardless of their marital status. Hence, husband, wife, father, mother, son/s or daughter/s are considered equal coparcener over the ancestral property. Even a child born from spouses with matrimonial relationship holds right to obtain the partition of the ancestral property. However, child living in an undivided family can only raise claim over the ancestral property of the father.
The person holding any ancestral property in his/her name cannot transfer such ancestral property without giving proper effect to the partition of the property. However, during the partition of ancestral property, any coparcener can execute a written deed disposing his/her right over the whole or part of the ancestral property or settling down in exchange of cash.
With the mutual agreement between the coparceners, coparceners can effect to separate ancestral property executing deed in written in presence of witnesses and be duly registering with the concerned authority. If there arise any dispute over specific property during the partition of the ancestral property, the undisputed property is divided into equal shares keeping the disputed property as undivided ancestral property. Further any coparcener can waive their right over the ancestral property in whole or in part by executing the deed.
The dispute over the ancestral property during the partition should be filed in the district court holding the jurisdiction. Further concerned district court decides on the partition of the property on the basis of the details of property received along with statement of claims or defense. If any details of ancestral property is not submitted along with the statement of claim or defense in court then court can order for the submission of the details of the ancestral property specifying the time period.
If court finds that a coparcener have concealed the property during the proceeding of the partition the court can exclude such coparcener over the right of such ancestral property and distribute such property equally among remaining coparceners in equal shares.
Further if the court is satisfied with the claim raised by the coparcener regarding ill intention of the other coparcener holding such property upon examination of all the detail of property then the court can keep such ancestral property on hold for the time being until such ancestral property has been divided among the coparcener.
There is no time limit to file a claim of partition if the partition has not been done before. However, if the partition has already occurred before any dispute with regard to the partition should be filed within three (3) months from the date of partition of ancestral property.
Associates Hub holds expertise in representing parties in relation to various family related issues.
Note: This write-up should not be considered as an expert legal opinion. This has been drafted only for the purpose of general understanding of the subject matter.
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