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Ancestral or self acquired ?

(Querist) 30 July 2015 This query is : Resolved 
Dahyabhai having agriculture land recorded with the name of his brother Nanubhai. This land coming from his mother Self acquired. She has death.She has two son only. now only two son's name in the government record. So this land is become Ancestral or Self acquired for Dahyabhai & Nanubhai ? Please advice me cleaver idea.
Kumar Doab (Expert) 30 July 2015

Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.


Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property.

Property inherited by him from other relations is his separate property.


You may wait for advise of other experts.
M/s. Y-not legal services (Expert) 31 July 2015
your query is improper. prpoperty owner is mother of nanubhai.. then any arrangement regard the property my mother? or not?


if nanubhai got the property mean then how dhayabhai using that property?

clear it..
Rajendra K Goyal (Expert) 31 July 2015
Full information / facts missing from query consult local lawyer and show him the relative documents.
P. Venu Online (Expert) 31 July 2015
On the mothers death, the property is devolved upon all the legal heirs. Entry in the Revenue Record is immaterial.
Kumar Doab (Expert) 31 July 2015
You have posted that:


"Dahyabhai having agriculture land recorded with the name of his brother Nanubhai. This land coming from his mother Self acquired. She has death.She has two son only. now only two son's name in the government record. So this land is become Ancestral or Self acquired for Dahyabhai & Nanubhai ? Please advice me cleaver idea.
"


The query is not drafted properly and has some grammatical errors.



However the query seems to be that:


The property in question is self acquired property of Mother.Mother is deceased.Mother has two sons. The property has devolved upon both sons and is name of both sons against property is recorded in mutation records.



Thus property is not ancestral for both sons.


Certainly the querist may seek opinion from his able lawyer by showing all documents on record.


sukanya (Joyce) (Expert) 31 July 2015
take all the mutation entry records, how the property belongs to ur mother, n what arrangement she has made to get the entry of only one person , even though there are two sons. whether she made a will or relinquished her right to dhayabhai....check revenue records. they r the proper material documents to know the fact whether property is self acquired by ur mother or is inherited from her legal heir ship right etc....contact local Adv for ur consultation with documents. he can guide u.
M V Gupta (Expert) 01 August 2015
Though the query is not properly worded, the querist wants to know whether the property inherited by the sons from their mother is ancestral or self acquired. The answer is it is not ancestral. It will be self acquired in the hands of both the sons.It will also not constitute HUF property. Entries made in the land records need to be corrected by adding the name of Dahyabhai. (It is presumed that there no daughters of the deceased).


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