Ancestral or self acquired?
Sumeet
(Querist) 22 April 2020
This query is : Resolved
Lawyersclub india
Archit Uniyal
(Expert) 22 April 2020
Ancestral property is the hereditary property or in other words the property that the Hindu male inherits the property from his father, father’s father, father’s father’s father. In other words, property acquired from any one of the three immediate paternal ancestors. Such property is considered as ancestral property. Whenever an ancestor inherits any property from any of his paternal ancestors up to 3 generations above him, then his legal heirs up to 3 generations below him would get an equal right as coparceners in that property
The Hindu Succession Act, amended in 2005, allows women to enjoy equal rights to the property. Now women have the same right as men over the ancestral property.
This property is always shared by members of a coparcenary equally.
On the other hand, the self-acquired property is the property you have acquired by your own money or effort. In this the person acquiring is the sole owner and nobody exercises any right on the same during his lifetime.
So the answer to your 1st question is, Yes, this property is ancestral property.
The answer to your 2nd question is that, if an ancestral property is partitioned between the members then t it becomes the self-acquired property. The rights under the self-acquired property are different from an ancestral property like:
1) A son does not have a legal right over the self-acquired property of his parents.
2) A grandson does not have rights over the self-acquired property of his grandfather.
3) The step-sons also have certain rights over the ancestral property but not over the self-acquired property.
I hope this solves your query.
Regards,
Archit
Sumeet
(Querist) 22 April 2020
@Archit Sir .. Thanks for such a brief explanation
SO, conclusion is as of now the property is ancestral but if my father who is the karta of land executes a partition deed and distribute the equal shares to all son and daughters, then the portion of Land of all children will become self acquired.??
RIGHT SIR..??
Raj Kumar Makkad
(Expert) 22 April 2020
Sameer! You are right. If the said property is divided by the legal heirs of your grandfather among themselves then the said property shall attain its status as of self acquired.
Sumeet
(Querist) 23 April 2020
Thanks R.K Makkad sir..
Archit Uniyal
(Expert) 23 April 2020
Yes, Mr. Sameer if anyone executes a partition deed of the ancestral property, then for all the coparceners, it becomes their self-acquired property which has different rights as mentioned by me above. Hope this helps you.
Dr J C Vashista
(Expert) 23 April 2020
Since no partition of the property has been effected for the last 3 generation the status remain/continue as "ancestral".
P. Venu
(Expert) 23 April 2020
Ancestral property loses its character once it is divided by metes and bounds i.e partitioned among all co-parcenors. That is, if your father, as the Kartha, assigns the property among the sons and daughters, but leaves out the grandchildren, the property with the each son and daughter continues to be ancestral. However, if the partition is among all the co-parcenors, including all the children, grandchildren and whosoever is in the lineage, the property is rendered self-acquired.
Sumeet
(Querist) 23 April 2020
Thank you everyone for clarification...
Rajendra K Goyal
(Expert) 23 April 2020
You asked:
isIs this property ancestral??or is this property self acquired??
Reply:
Yes it is ancestral property.
Rajendra K Goyal
(Expert) 23 April 2020
You asked:
In ancestral property why we often read the following statement " The ancestral property should not have been divided by members when the division/partition happens, it becomes self acquired property, not ancestral." Can you please clarify.
Reply:
If the ancestral property is divided among coparceners, it becomes the self-acquired property in the hands of coparceners.
Rajendra K Goyal
(Expert) 23 April 2020
You asked:
Thanks for such a brief explanation SO, conclusion is as of now the property is ancestral but if my father who is the karta of land executes a partition deed and distribute the equal shares to all son and daughters, then the portion of Land of all children will become self acquired.??
Reply:
After division, the ancestral property would acquire the status of self acquired property in the hands of coparceners who received the property due to this division.
krishna mohan
(Expert) 29 April 2020
Property looses ancestral once it is divided metes and bounds to the legal heirs. Yes it is the self acquired property on the hands of legal heirs.
