Megaladevi Balamurugan 25 December 2023

Please clarify whether the property is ancestor or self aquired

Respected Advocates

The partition of our ancestral property took place between my father and his brothers in the year 1983 with the mutual understanding of the brothers. I would like to know if the property in the hands of my father after partition is considered as ancestral or self-acquired.

1. Can he gift it to anyone as per his wish without his children's (legal heirs) intervention?

2. My father already gifted the property equally as per his wish to younger children. Now my elder brother does not like the property what he received? He is expecting more from him and threatening will take legal action.

3. Elder brother not leaving the property gifted to younger brother. What can we do in this case?

Thank you

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 25 December 2023

1. The property inherited by your father by a partition among the sharehiolders, shall become his self acquired property, hence he can dispose this property in any manner to anyone of his choice.It is not an ancestral property.

2. Your brother cannot agitate the issue legally, because it is not maintainable.

3. The younger brother who acquired the property has become an absolute owner hence he can iniitaite proper legal action to remove your brother form his property.

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Megaladevi Balamurugan 26 December 2023

Thank you Sir. My gradfather passed away before partition between my father and uncles. Please confirm me whether it is still considered as Selfaquired property or it changes its nature.

P. Venu (Advocate) 26 December 2023

Yes, the property inherited by your father is not ancestral. He, during his lifetime, can dispose of the said property at his discretion.

The facts posted does not suggest even the property of your grandfather to be ancestral.

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Megaladevi Balamurugan 26 December 2023

Thank you Sir. How about Mitakshara school of law. Is that Mithaskara act will protect as ancestor property instead of self-aquired property in this case by any chance since my grandfather passswed away before HSA 1956 act.

Kindly clarify this as well.