Ancestral or self acquired
medappa
(Querist) 25 August 2012
This query is : Resolved
My great grandfather owned self acquired property. After his death it devolved on my mother (grandmother no more). Now if my mother intends to sell the property, will I too have to sell the sale deed along with her?
Is the property considered Ancestral or self acquired in my mothers hands?
Thanx
R.Ramachandran
(Expert) 25 August 2012
No. The property is the personal property of your mother. She alone has to execute the Sale Deed. Apart from your mother, nobody else (you or any of your brother or sister) need to sign the sale deed.
medappa
(Querist) 28 August 2012
In C.N. Arunachala Mudaliar Vs. Respondent: C.A. Muruganatha Mudaliar and Anr. the Suppreme Court mentioned in para 12. " The property of the grandfather can normally vest in the father as ancestral property if and when the father inherits such property if and when the father inherits such property on the death of the grandfather or receives it, by partition made by the grandfather himself during his lifetime. On both these occasions the grandfather's property comes to the father by virtue of the latter's legal right as a son or descendant of the former and consequently it becomes ancestral property in his hands." Please explain as I find this relevant
Anirudh
(Expert) 28 August 2012
Dear Mr. Medappa,
That decision of the SC has no application in your case as per the fact given by you. That case is entirely on a different facts.
