Doctrine of self acquisition or self acquired property
Maggiey
(Querist) 24 January 2019
This query is : Resolved
Hello. Am a law student and am looking for an assistance on the explanations of doctrine of self acquisition or self acquired property under Hindu joint family. Also, I need several case laws which explain further about this doctrine. Please kindly help me am very much in need
KISHAN DUTT KALASKAR
(Expert) 24 January 2019
Dear Sir,
You may go through the following which gives meaning of what is “ancestral property”. Thus any property which does not fall with in the definition of ancestral property can be treated as self acquired property.
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What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
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