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Self acquired or ancestral
2 years ago
For my knowledge I would like to know the following :
1) A couple having their self-acquired property executed a JOINT WILL in favor of their only daughter. (class 1 heir)
when the couple (both members) dies, the only daughter gets/inherits the property. that property will be called self-acquired or ancestral.
which section of IPC do we need to refer to here?
2) if a person partition the property will that be called self-acquired?
A.Dear Sir,
It is only a self acquired property in the hands of daughter. You need not mention any section because it is an bequeathed property as per the terms of Will. The daughter is getting such property as self acquired property.
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It is only a self acquired property in the hands of daughter. You need not mention any section because it is an bequeathed property as per the terms of Will. The daughter is getting such property as self acquired property.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.1) After probate( Indian Succession Act,1925,as amended up to date) of that Will that property will considered to be the daughter's self acquired property. Please take note that this is not a criminal matter so IPC( Indian penal Code,1860) has no application herein.
2) Any property after partition in registered manner will always be considered as Self Acquired property.
2) Any property after partition in registered manner will always be considered as Self Acquired property.
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A.Indian Penal Code (IPC) will not be applicable here but Indian Succession Act will be applicable.
Once you get a property bu will that becomes a self acquired property for you.
A property post partition becomes self acquired property at the hands of the receivers.
Once you get a property bu will that becomes a self acquired property for you.
A property post partition becomes self acquired property at the hands of the receivers.
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A.Dear Sir/ Madam,
Provisions relating to such issues can be viewed under the statute- Transfer Of Property Act 1882 and the Indian Succession Act. You will become an absolute owner of the property which you acquire by will. This property becomes her self-acquired/self-earned property. A partition in a joint Hindu family causes “self-acquired" property for the family members.
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Provisions relating to such issues can be viewed under the statute- Transfer Of Property Act 1882 and the Indian Succession Act. You will become an absolute owner of the property which you acquire by will. This property becomes her self-acquired/self-earned property. A partition in a joint Hindu family causes “self-acquired" property for the family members.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
The property shall not qualify for the ancestral property. Provisions relating to such issues can be viewed under the statute- Transfer Of Property Act 1882 and the Indian Succession Act. You will become an absolute owner of the property which you acquire by will. This property becomes her self-acquired/self-earned property. A partition in a joint Hindu family causes “self-acquired" property for the family members.
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The property shall not qualify for the ancestral property. Provisions relating to such issues can be viewed under the statute- Transfer Of Property Act 1882 and the Indian Succession Act. You will become an absolute owner of the property which you acquire by will. This property becomes her self-acquired/self-earned property. A partition in a joint Hindu family causes “self-acquired" property for the family members.
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