Family property division  – Importance, How to divide it .


     Family property  division law for a joint family is an ancestral property that can be divided on the basis of making a family partition agreement. Under Hindu law  family  is divided in total types.ancestral and self acquired.In this law,the father can’t give property  to anyone or deprive a daughter of her share in it. Daughter has a share in the ancestral  property. It is a mutual agreement.  It is done by partition deed.It divided the property  between co owners of the property. It is prepared in order to divide,each person gets absolutely title over his part.

    Each divided property gets a new title . Each sharer gives up his interest in the property in favour of other shares. Partition  is  a combination of transfer and surrender of rights in the property.Express one’s intention to separate himself from the joint family property is filing a suit in court.

     Everyone gets share in the joint family  property at the time of their birth.A person has share in the property from his father,grandfather  and great grand is the ancestral property. It can be divided on the basis of making a family partition agreement. The jointly owned ancestral  property can be divided following the property division law .People who have a part in the ancestral  property are called coparceners. 

    Mainly  it includes the eldest member of the family ,where a member of the coparcenary can sell their portion to a third party.They can file a suit asking partition  action of property, by filing deed of partition between  co owners.

        In Christianity based Indian succession  act,daughters will get equal share of the property  without will. Nominee is a legal trusty. They can withdraw money from banks. After the death of a mother, daughters will get share  from it. We can divide the property into 6 parts and daughters will get 2 parts .

      You can sell our share to others . According  to the Indian stamp act, duly stamped adharam is only valid. After the death of the father, the mother has ⅓ share from the property,  children will get ⅔  share.For registration of an adharam,photo and fingerprint is necessary. Son and daughter  have the same share in a property. After the registration  of a will, they will get a share according to it. 

Leave a Comment