Ancestol or self acquired?
Querist :
Anonymous
(Querist) 23 August 2011
This query is : Resolved
dear experts
please advise me i am facing a problem
ours is a huf family we are recently divided our property by partition deed it is registered.
i got 10 acres of land from that deed.
earlier the property was in the joint name of my father and my uncle.
all are got separated shares.
now my question is my property is ancestry or self acquired?
if ancestral then the it is given to me by father and uncle then only half portion is ancestral or full. half property was in the name of father and half in the name of uncle.
please help me
Advocate Bhartesh goyal
(Expert) 24 August 2011
Your HUF property has been partitoned through registered partition deed and after partition whatever share in the property you got will be your self acquired property.
R.Ramachandran
(Expert) 24 August 2011
The HUF property is a coparcenary property. Therefore any share received on partition will continue to be a coparcenary property. It is not a personal property of the recipient. In other words, the children born to the recipient will have a right over the property as coparcenars.
Guest
(Expert) 24 August 2011
rightly said by Mr. Ramachandran. I agree the same.
Querist :
Anonymous
(Querist) 24 August 2011
sir but the property earlier in the joint name of father and uncle. so i am asking you the property comes to me from my uncle by partition deed is ancestral property or self acquired?
Querist :
Anonymous
(Querist) 24 August 2011
sir please guide me that the property got from my uncle(owner of property) in a partition deed is ancestral or self acquired?
i have not contributed single rupee in huf. i just finished my education.
my uncle and my father together transferred 5 acres each to me by doing partition deed.
if the property is said to be ancestral it must come from father by inherited transfer but i got property from my uncle it may be gift deed or partition deed.
how sir please suggest me
