Inherited./ self acquired
2 years ago
After grandfather died all of his sons divided took property equally and received land passbook on their names. Now it is self acquired or still remains inherited property?
A.Dear Sir,
It is purely self acquired property the moment it was divided and such division was effected. There is no nucleus of ancestral property as such it will be considered as self acquired property of persons who divided the property.
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It is purely self acquired property the moment it was divided and such division was effected. There is no nucleus of ancestral property as such it will be considered as self acquired property of persons who divided the property.
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A.Hi,
The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. Self-acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common. Accordingly, partition warrants the conversion of ancestral property to self-acquired property.
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The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. Self-acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common. Accordingly, partition warrants the conversion of ancestral property to self-acquired property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
A property which is acquired by a Great Grandfather and is passed down undivided to the next three generations up to the present generation of great grandson/granddaughter is known as ancestral property. Once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property and becomes self-acquired property.
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A property which is acquired by a Great Grandfather and is passed down undivided to the next three generations up to the present generation of great grandson/granddaughter is known as ancestral property. Once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property and becomes self-acquired property.
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A.Post division the ancestral property becomes the self acquired property at the hands of the receiver and hence the property received by the sons are the self acquired property for each of them which they can alienate as per their wish.
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