Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sanjay (Consultant)     11 May 2009

Ancestral or Self acquired property?

 I have inherited a house from my father who died in 1980s.  My father had acquired the house on his own in 1950s (self acquired). He left the property to me through a will.  Now I want to prepare a will for this property.  I have one son and one daughter.  My daughter is married and is very well off.  For this reason I want to leave this house to my son who is in more need of it.

I am not sure if this house is regarded as a self acquired property or it is treated as ancestral property.  Am I able to prepare a will for this house or do my children has a legal claim on this property.

I have received advice on the definition of ancestral and self acquired.  But I want to confirm this advice,  As per this definition I should be able to leave a will for this house since it qualifies as self acquired.  Please see definitions that have been given to me below:

 Ancestral or Hindu Copacenary property as has been defined  stands for any property acquired by the Hindu great grand father, passed that undivided property down the next three generations up to the present generation of great grand son/daughter. In short this property should be four generation old, secondly this should not have been divided by the users in the joint Hindu family as once a division of the property such as this asked by any of the Copacenar the share or portion which each Copacenar gets after the division becomes his or her Self Acquired property.

Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as 'Will' etc.

Please advice on the right course of action.  Thank you



Learning

 10 Replies

Manasi Save (Legal Practioner)     11 May 2009

The advice given to u is quiet right ur property qualifies the definition of self acquired property and u can bestow it upon ur son by means of will. Daughter cannot have any legal claim on it.

1 Like

Prabhat Kumar (Advocate)     11 May 2009

For you this property is niether ancestral nor self acquired. It is simply given to you through will and today title is vested in you through the will of your father and so you can make a will in favour of your son, excluding your daughter.
1 Like

V.S.R.Deekshitulu (B.Sc, B.L)     12 May 2009

The property is the self acquisition of your father and you have got the same under his will. Then the same will be self acquired in your hands and you can execute a will of you choice giving the same to youo son who is in dire need. Neither your son or daughter have any right by birth in the said property. The case would have been different in case your father died intestate(Without executing any will or testment). In that even it wil be ancestral in the hands of your son. Hence go ahead with the execution of the will as per you choice and wish.

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     13 May 2009

mr. prabhat kumar is right.

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     13 May 2009

mr. prabhat kumar is right.

Usha Gupta (help for property)     01 November 2011

hello sir,

Can a father will a property to his only one of three children. The property is ancestral and the father recieved it without will. Did he have the right to give it to only one son. When the father recieved he was childless or the child was in womb.

Kindly please suggest me, this case is from Varanasi U.P

With regards

Sidhardh (Advocate)     06 November 2011

Do he inherited the property by the way of partition , if so then after partition it becomes his self owned property, so he is entitled to transfer by will, or else he can write a will with respect to his share over the property.

Sidhardh (Advocate)     06 November 2011

At the time of the partition, the partition should include all the co-sharers of the property

Usha Gupta (help for property)     06 November 2011

Dear Sir,

My father-in-law got this ancestral property without any will by my Grand-father-in-law. My Grand-father-in-law died on 25/11/1955.  My father-in-law didn't have any brothers or sisters.

My husband was born on 08/05/1956. He is the eldest son of him and have two brothers and two sisters.

So can my father-in-law make a will to all of the properties to only one of his second son.

Sir kindly please reply me soon. Waiting eagerly for your advice.

Thanks

Usha Gupta (help for property)     06 November 2011

Sir,

Even my father-in-law passed away on 19/06/2009.


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