Ancestral property question
Querist :
Anonymous
(Querist) 13 May 2021
This query is : Resolved
My great grandfather died without any will and left agricultural land behind him. The land is equally distributed among my grandfather and his siblings. I want to know that the property inherited by my grandfather is ancestral property or self aquired property. Can my grandfather sell this property and restrict the daughters to get share from his property
Advocate Bhartesh goyal
(Expert) 14 May 2021
Incomplete query , When your great grandfather died and when his property has been distributed among his sons ? Without knowing these facts ,query can't be replied.
P. Venu
(Expert) 14 May 2021
"Distributed" - how and when? Please post complete facts.
Querist :
Anonymous
(Querist) 14 May 2021
The property is distributed after the death of my great grandfather with mutual understanding among all the legal heirs through partition.
P. Venu
(Expert) 14 May 2021
The property is self-acquired. The grandfather, during his lifetime, can dispose it at his discretion.
Advocate Bhartesh goyal
(Expert) 14 May 2021
If your grand father and his brothers partitioned the property through registered deed then the property would be deemed their self acquired property else it will be deemed as ancestral property.
Sri Vijayan.A
(Expert) 14 May 2021
You have told that the property is distributed.
That is to say the property is partitioned.
The property acquired by partition is one's self acquired property.
Your grandpa can sell, gift it to anyone.
kavksatyanarayana
(Expert) 14 May 2021
Your grandfather and his siblings distributed i.e. partitioned the property. Hence their property shall be treated as "Self-acquired" property. So your grandfather can do as he wishes.
T. Kalaiselvan, Advocate
(Expert) 15 May 2021
Since your great grandfather's properties were partitioned by his children it becomes the own and absolute property of respective shareholders in respect of their share in the property.
Thus your grandfather being an absolute owner of his share out of his father's property can sell or alienate the property or dispose the same in any manner he may desire or decide.
None of his children or grandchildren or anybody can restrict him nor can claim any share in the property as a right for any reason.
T. Kalaiselvan, Advocate
(Expert) 15 May 2021
An ancestral property is a property acquired by your great grandfather which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by the family.
Therefore, the property should be four generations old and should not have been divided or partitioned by the previous three generations for the property to qualify as your ancestral property.
T. Kalaiselvan, Advocate
(Expert) 15 May 2021
When a division or a partition happens in a joint Hindu family, it becomes “self-acquired" property in the hands of a family member who has received it.
Therefore your grandfather's share in the property becomes his self acquired proeprty, therefore his daughters cannot claim any rights for a share in the property.
P. Venu
(Expert) 15 May 2021
It is my humble but considered opinion that multiple posting have been and have posed substantial challenges to the integrity of this platform and the stature of the experts. It is only recently that sanity has been restored. Hence learned expert Mr.T. Kalaiselvan is requested to avoid, to the extent possible, multiple postings.
I trust Mr. Kalaiselvan would be magnanimous in pardoning my overreach in making this suggestion.
