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MANIKANDAN KAMARAJ   07 April 2020

Inherited or self acquired

My grandfather bought a property in 1964 on his name,after his death my father,uncle and grandmother partitioned the property equally .My sisters and brother was born when the property was partitioned. Will the property become self acquired property in their hands or will the property continues as ancestral property ?


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 5 Replies

Shashi Dhara   07 April 2020

If your grand father died intestate then it becomes ancestral property to grand childrens because he has not disposed it legally during his life time , his self acquired property.

N. Sivaprakash, Chennai 984099 (Advocate)     07 April 2020

It is ancestral property in their hands.

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 April 2020

1. IF Grand Father purchased the property in his own name with his own money, THEN the property CANNOT be classified as "Ancestral Property", for the relationships you mentioned.  For a property to be classified as "ancestral property", such property documentarily should be atleast 4 generations old, which is not in the present case.

2. Grand Children have no right /claim on Grand Father's property, in anyway, whatsoever.

3. by virtue of above point no. 1, the Partitioned Property in name of Grand Mother, Father & Uncle, now will be classified as their own "self-acquired property" for all future legal purposes, including all future Sale /Transfer /Gift /Donate /Mortgage /whatever ....

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

adv. rajeev ( rajoo ) (practicing advocate)     08 April 2020

It is an ancestral property

Varun Singh Kalra   17 May 2020

Hello MANIKANDAN,

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  -  42.50 - 52.21 

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!
 


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