SELF ACQUIRED PROPERTY

Yes, if an individual wants to write his/her self-acquired property in the name of anyone, and that includes his wife, children or grand-children it is absolutely his choice. Self- acquired property is inherited in two ways;either by will or by the rule of succession. So technically, according to The Hindu Succession Act, 1956, the self-acquired property is inherited by the first class heirs in case a will wasn't already written. The grandson will acquire the self acquired property of the grandfather only after the death of the father. 

No body/person can claim right over one's self acquired property during his lifetime.In case person dies integrated then as per succession law his self acquired property shall pass on to his/her class first legal heirs.

What is your question qua self-acquired property ?

You may or may not share with any one including your wife, children or anyone else or dispose it to anyone of your choice.

Vague and hypothetical facts vis-a-vis query.

One can deal with his self acquired property as it pleases him and no one can claim any right on those properties.  Inheritance in such cases steps in if the person dies without a will. (intestate) and it is proper to write a will and get it duly registered, and the will can be changed/modified any number of times.

I own a piece of land which was self acquired before my marriage, now my children are asking to let them develop the land, which I am against. They are putting all types of psycological pressure. If I want to dispose the land they want to create hurdles by going to the court and stall the sale.

 

It is your wish and pleasure, and no one can deter you from dealing the property as you like.  These are all threats to mislead you and if your advocate is competent, and if the purchaser is satisfied with your title, no one can stop you.

It is essential for you to understand the basic concepts of property. See, under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.

On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.

A person can formulate a WILL and can transfer his property (self-acquired property) to any person i.e. wife, children, grandchildren, any relative or even to a Trust etc. Henceforth, in simple terms answer to your query basically depends upon the WILL formulated by the owner.

However, in case the person dies intestate (i.e. without a WILL) his property will be divided equally between his children's and wife, and later on his grandchildren will have their rights in the property (after their parent).

During your lifetime, none of the prospective legal heirs have any rights or claim over the property. You can deal with the property at your discretion.

Sir,

My only comment is what can I do if my children who have an eye on the property go to court on frivolous ground when I intend to sell the self acquired property Knowing well that they have no right to claim  Going to court means I will not be able to sell the property when I intend to.

 

They have no cause of action to approach, and even if they approach the court the suit could be got rejected for want of cause of action. 

Sir,

Thank you for giving me assurance, but they have already told me that they would do so. Hope the courts reject it as you say, if not I will be facing great hardship.

weather mother is intitaled to son's property if son died intersted before mother and if yes she can make will of such property

Mr. Shyam

Please post the query in a fresh thread.