A, the propositus of a family with two sons, was an agriculturist, purchased agricultural lands from out of the ancestral lands sold by him. He had no other income other than the agricultural income, Subsequently he purchased additional agricultural lands. During his life time he gifted away a portion of the additional lands he purchased, to his second son. There was no formal partition of lands between to two sons. His first son died in 1983 and he died in 1984. Legal heirs of first son are demanding partition of land.
1) whether the lands purchased by the propositus are self acquired or ancestral? 2) whether the gift deed made by him is valid? 3) whether the legal heirs of first son can claim equal share between the first son and the second son of the propositus?
The agricultural land purchased is adjascent land and the agricultural income was clubbed with the existing land income.
Here the question is whether as per Hindu Law, the land purchased from out of the sale of ancestral property is self aquired or ancestral. Second point is whether the subsequent land purchased falls under ancestral or self acquired propesrty of the propositus? If it is considered as his own,he has the right of handle the property as he wishes. Here proppositus has no other income of his own other than the agricultural income. Hence the subsequent property purchsed is from out of the agricultural income of the existing property.
The propositus sold his share of ancestral property during the year 1950 for the purpose of relocation of his family in a better place, while selling it he might have obtained consent of other coparceners. The origin of money for purcahse of agricultural land was from ancestral property. The " ancestral" character of money whether it is lost just because the property was purchased in the propositus name. Further, relocation was not a legal necessity for disposal of ancestral property. Such is the facts whether property purchased can become self acquired?
