1. My great grandfather inherited the property from his father and mutated the same on his name in all revenue records in 1910′s.

2. During the life time of my great grandfather, my grandfather and his brothers executed unregistered partition deed and divided the same property and mutated the share of each one in all revenue records by submitting the partition deed to Tehsildar in 1943. Note that my greatgrandfather also was given a share in these properties at that time. My father was born before this partition but after 1930 and is only child of my grandfather during that time.

My questions are as follows.

Question 1. Is the property on the name of my grandfather qualifies as his self acquired property?

Questions 2. My grandfather died in 1983 without leaving any will. Can the said property be denoted as ancestral or Joint Hindu Family property among himself and his male children during the life time of my grandfather?

Please advice me because my father was forced to relinquish and in exchange of little money relinquished his share in the Joint Family properties to his father and brothers in 1960′s. No property schedule was given in the relinquishment deed but "all". Does Hindu succession act 1956 also give a presumption that title holders of the property is their own property? The said property is in Andhra pradesh where Mitakshara law is followed. We have been not allowed to take a share in the property containing our grandfather’s name as title because of the relinquishment.

Thank you

Question 1. Is the property on the name of my grandfather qualifies as his self acquired property?

Yes after the Partition of the original property that took place in 1943 where your grand father and his brothers executed partition deed and divided the property and mutated the share of each in all revenue records. This original property was inherited by your great grand father but he got it mutated in his name in all revenue record in 1910.
This became his self acquired property that his sons including your grand father inherited and partitioned it between them and their father i.e. your great grand father.
After the partition each got their share which became their self acquired property.

If the original property which your great grand father inherited from his father had not got mutated or partitioned anytime, this would have been the Hindu Copacenary/Ancestral Property of the joint family. The nature of the property was changed in period of time from 1910 to 1943, hence this became self acquired property in the hand of your grand father when he died in 1983.

Questions 2. My grandfather died in 1983 without leaving any will. Can the said property be denoted as ancestral or Joint Hindu Family property among himself and his male children during the life time of my grandfather?

This question already answered above.

The property of the grand father who died intestate i.e. without leaving any Will is to be inherited by all his sons and daughters if any, his widow and his mother.
In your case your father was forced to relinquish his share for some amount of money in 1960. If there exist duly executed deed of relinquishing of his share than he will be bound by that deed unless it is proved that such deed was made by force or fraud but after 50 years this ground to challenge its validity will not stand as it will be considered being made after time limitation.
Still if he so desire seek his equal share in the property of his father by way of Partition with his other brothers/sisters and hope for some compensatory amount from them considering his age and financial situation.

4 Responses to “Several properties are on the name of my grandfather in revenue records. What is my right in those?”

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