nature of property

Guest (Querist) 21 April 2010 This query is : Resolved
what is the true test/s to distinguish between a self-acquired/earned property & an ancestral property ?
if a widower gets a property of her husband by way of a will & now she intends to gift the same in toto to her daughter-in-law, can she do so, since there is no rival claimant of the widow? kindly also, tell me if there had been such a claimant had it made any difference ?

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sunil ramchandani (Expert) 21 April 2010
general principle is that whatever u have earned by urself n have saved or purchased any property is ur self acquired but if u have ever sold or have invested ur ancestralin your earned property than other can claim it to be ancenstral property.
for ex.if A sold his fathers property in 5 lacs n have added other 5 lacs n purchased a plot than others can claim from that 5 lacs.if property value becomes 20 lacs than ancestral part will be 10 lacs.

R.R. KRISHNAA (Expert) 21 April 2010
The presence or absence of rival claimant against the widow will not deter her from gifting the property to her daugher in law as the widow has properly acquired title to the property by way of will. Thus if there is a claimant it does not make a difference.

Parveen Kr. Aggarwal (Expert) 21 April 2010
Ancestral property is the property received by a person through intestate succession. All other properties are considered self-acquired properties of a person.

Property received by a widow through will of her husband is her self-acquired property and she can gift it in toto to her daughter-in-law. It will not make any difference if there is any rival claimant.