property dispute
7 months ago
can self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common
A.Dear Client,
The definition and status of self-acquired property and ancestral property are different and regulated differently under the law of inheritance. A self-acquired property that is neither a joint family or a coparcenary property and is one that has been acquired from one’s own income. It also includes property that has been acquired through will and gift. A self-acquired property does not give off-springs the right from the birth of the property. This type of property can be sold and transferred to anyone when the owner wants. Property acquired from a mother, uncle, brother or grandmother also comes under self-acquired property. On the other hand, an ancestral property is a property belonging to one’s forefathers and passed on through the generations. This type of property, both carries sentimental value and monetary value. The Supreme Court held that the right of this type of property is inherited right from the birth of the person. The apex court also stated that a property which is undivided, within a family for over four generations of male lineage. The court also claimed that the property inherited by the grandmother, mother, uncle or even a brother, does not come under the ancestral property. So, One cannot be merged with others.
The definition and status of self-acquired property and ancestral property are different and regulated differently under the law of inheritance. A self-acquired property that is neither a joint family or a coparcenary property and is one that has been acquired from one’s own income. It also includes property that has been acquired through will and gift. A self-acquired property does not give off-springs the right from the birth of the property. This type of property can be sold and transferred to anyone when the owner wants. Property acquired from a mother, uncle, brother or grandmother also comes under self-acquired property. On the other hand, an ancestral property is a property belonging to one’s forefathers and passed on through the generations. This type of property, both carries sentimental value and monetary value. The Supreme Court held that the right of this type of property is inherited right from the birth of the person. The apex court also stated that a property which is undivided, within a family for over four generations of male lineage. The court also claimed that the property inherited by the grandmother, mother, uncle or even a brother, does not come under the ancestral property. So, One cannot be merged with others.
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A.Dear Client,
Yes, self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common. Further, in case the owner of the self-acquired property dies intestate (without making a will), the said property will be distributed among the legal heirs as per the provisions of the Hindu Succession Act, 1956.
As per the Hindu Succession Act, 1956 , the self-acquired property of a Hindu male, who dies intestate (without making a will), devolves first to his wife and children. If the Hindu male has no wife or children, then the property will devolve to his parents. If the parents are not alive, then it will devolve to the heirs of the father.
In the case of a Hindu female, who dies intestate, her self-acquired property devolves first to her husband and children. If the Hindu female has no husband or children, then the property will devolve to her parents. If the parents are not alive, then it will devolve to the heirs of the father.
Yes, self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common. Further, in case the owner of the self-acquired property dies intestate (without making a will), the said property will be distributed among the legal heirs as per the provisions of the Hindu Succession Act, 1956.
As per the Hindu Succession Act, 1956 , the self-acquired property of a Hindu male, who dies intestate (without making a will), devolves first to his wife and children. If the Hindu male has no wife or children, then the property will devolve to his parents. If the parents are not alive, then it will devolve to the heirs of the father.
In the case of a Hindu female, who dies intestate, her self-acquired property devolves first to her husband and children. If the Hindu female has no husband or children, then the property will devolve to her parents. If the parents are not alive, then it will devolve to the heirs of the father.
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