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M M ganapathy   05 April 2018

Ansestral property

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?

 
 


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 4 Replies

M M ganapathy   06 April 2018

Dear Singh,

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. 

Yusuf Rampurawala   06 April 2018

you say that the propositus sold ancetral lands??? the ancestral land cannot be sold by a person unless the person is a karta and he has obtained consent of all the coparcenors and the land is being sold for legal necessity. so please provide some info about the ancestral land sold by the propositus. now the income generated on sale of the ancestral land, to the propositus, out of which he purchased the agricultural lands, would become ancestral property as regards the two sons of the propositus. thus if its ancestral property then it cannot be gifted to one son

M M ganapathy   06 April 2018

Dear Yusuf Rampurwala,

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 being  the facts, whether property purchased can become self acquired?

 

Yusuf Rampurawala   06 April 2018

ok based on the info given by you, in my opinion, since your father got his share from the sale of the ancestral land, i am assuming that the ancestral property was duly partitioned among the coparcenors. thus the agricultural land bought from the proceeds received by your father on the sale of the ancestral land, becomes his self acquired property and thus your father can deal with the same in any manner he deems fit, being the absolute owner of the agricultural land


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