How to decide whether property is self-acquired or ancestral
9 months ago
My father died intestate leaving behind his self-acquired property 4 acres. After his death his four sons (including me) got the property divided through registered partition deed. Each son has got 1 acre towards his share. I am the 2nd son and got 1 acre towards my share. I am married and have wife and 2 major sons before the partition took place. Is the land which I so got through partition deed become ancestral property or self-acquired property in my hands? Do my sons, during my lifetime, have right in the property so acquired above?
A.Dear Client,
Property that is acquired by a person during his lifetime is not Ancestral Property. It is classified as ‘self-acquired’ property. The partition of this can be done in any manner as per the wish of the owner through his will. In case of an intestate of a Hindu, the Property is devolved as per the provisions of Section 8 of the Hindu Succession Act, 1956. An ancestral property refers to property that has been passed down from father to son for at least four generations. Under Sec. 8 of the Hindu Succession Act, 1956, the self-acquired property of the father who dies intestate devolves on his son in his individual capacity and not as Karta of his own family. The Schedule classified the heirs on whom such property should devolve. Class I heirs are sons, daughters, widows, mothers, and grandchildren If there is more than one widow, multiple surviving sons, or multiples of any of the other heirs listed above, each shall be granted one share of the deceased's property. A person has absolute right over his self-acquired property and can dispose of it as he desires Under the Hindu succession act 1956. Grandchildren do not have any birthright in the self-acquired property of their grandfather if it has been devolved/allotted to their father in a family partition as a legal heir and not as a coparcener.
Property that is acquired by a person during his lifetime is not Ancestral Property. It is classified as ‘self-acquired’ property. The partition of this can be done in any manner as per the wish of the owner through his will. In case of an intestate of a Hindu, the Property is devolved as per the provisions of Section 8 of the Hindu Succession Act, 1956. An ancestral property refers to property that has been passed down from father to son for at least four generations. Under Sec. 8 of the Hindu Succession Act, 1956, the self-acquired property of the father who dies intestate devolves on his son in his individual capacity and not as Karta of his own family. The Schedule classified the heirs on whom such property should devolve. Class I heirs are sons, daughters, widows, mothers, and grandchildren If there is more than one widow, multiple surviving sons, or multiples of any of the other heirs listed above, each shall be granted one share of the deceased's property. A person has absolute right over his self-acquired property and can dispose of it as he desires Under the Hindu succession act 1956. Grandchildren do not have any birthright in the self-acquired property of their grandfather if it has been devolved/allotted to their father in a family partition as a legal heir and not as a coparcener.
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A.Dear client,
A self acquired property becomes ancestral when the property has been passed on for generations. Yes, the land you get becomes ancestral property as it has been given to you by your father. Your sons do indeed have the right over the property
A self acquired property becomes ancestral when the property has been passed on for generations. Yes, the land you get becomes ancestral property as it has been given to you by your father. Your sons do indeed have the right over the property
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