devolution of property of a person died in the year 1948
Querist :
Anonymous
(Querist) 11 April 2011
This query is : Resolved
.A person was born as Hindu in in the then state of Madras.the said person died in the year 1948.He left a residetial property which was registered in his name.It is not known whether the property was self acquired or ancetral except in a will executed by his wife there was a reference to this property stating that it was ancetral.When th said person died was survived by his wife ,two sons and two daughters.Daughters were married before 1956 and wive and all the children are still surviving.
Under this situation kindly clarify:
a)What was the sucession Act and the corresponding law that was prevailing when the person died?
b)How his property gets devolved if the property is self acquired ? how it gets devolved if it sis considered as ancetral?
c)Is there any specific definition for either ancetral property or for self acquired property in law? what are the opinions expressed by Supreme court on this distinction ?
R.Ramachandran
(Expert) 11 April 2011
There is whole lot of confusion here.
You say that the person died in the year 1948 by leaving a residential property.
If it was an 'ancestral property', the question of his wife (widow) making any Will does not arise, since the property will devolve on the male decendants viz., the sons of the deceased in equal share with one portion to the widow. The daughters (whether married or unmarried) would have no claim in the ancestral property.
But if it was not 'ancestral property', then the property will go by inheritence to all the legal heirs in equal share i.e. between the widow, son(s) and daughter(s) (whether married or unmarried).
If the property was self-acquired, then the same cannot be 'ancestral' in his own hand. However, if the property fell to his share from his father / grand father, there are greater chances to infer (but need not necessarily be so - it will depend upon the documents) it to be 'ancestral'. If the property was registered in his name, the document will show how he got the property.
Querist :
Anonymous
(Querist) 11 April 2011
a)The first question raised is to know the legal position in the sense that under whcih act prevailing in 1948 the property gets devolved equaly to all the siblings and his wife,if the proeprty is considered as self acquired? is it under Indian successtion Act,1925 or under Hindu womens property Act,1937 or under the traditional law itself? since HSA 1956 did not come into existance.This may kindly be clarified.
b)in this present case it is mentioned that in a registered will executed by the wife a reference was made to this property as ancetral in which case whether such a statement made can be considered as proper evidence to treat the property as ancetral?
C) In the event the property is ancetral it is clear that it follows the coparcenary system prevailaing then in whcih case whether the HSA 2005 will be applicable with retropsective effect?
