A.
Dear Client,
When a person acquires property from his own source of income, the property is called self-acquired, and the owner has the unfettered right to dispose of it to anybody. Your father acquired that property from his own earning and it was his self-acquired property. Legal heirs are entitled to an equal share in the property if the property left by the deceased owner is intestate, i.e, without any will following the law of inheritance/succession. After the amendment of the Hindu Succession Act in 2005, daughters regardless of their marital status, were given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. So, when you acquire a self-acquired property from your father either through a gift or following the law of inheritance, that does not change the character/category of a property from self-acquired to ancestral property. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Thus, you being an owner of self-acquired property, can dispose of that property to anybody as per your wish either through a gift or a Will that does not require the consent of others. Others have no claim over a self-acquired property as a matter of right unless the owner passes away leaving the property intestate, i.e, without any will.
Posted On 13-Oct-2024
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