I have confusion regarding ancestral or self acquired property.I request the experts to clarify. IT BY A SUITABLE EXAMPLE
Adv.R.P.Chugh (Advocate/Legal Consultant (email@example.com)) 07 March 2012
Under the Hindu Law - there are two kinds of property :-
1)Sapratibandha Daya (Obstructed Heritage – Separate Property)
2)Apratibandha Daya (unobstructed heritage – Joint Property)
The term Obstructed or unobstructed heritage are relative terms and they have to bee seen w.r.t a person who wants a share in that property the property may be such as does not create a birthright in favour of the concerned person & hence it is the absolute property in hands of another & thereby creating an obstruction in the acquisition of any share in the said property. On the other hand there may be some such property in which the concerned person automatically gets a right by birth & hence there is no obstruction upon such other/concerned person in acquiring any interest in the property (unobstructed heritage)
There may be some such property in the hands of a person which is absolute with him and therefore no person of the next generation would have any right in the property but the same property when it devolves upon the next generation by intestate succession it becomes ancestral property in the hands of such heir and therefore now that property becomes an unobstructed heritage w.r.t next generation.
The best examples of Ancestral Property - are property inherited from paternal ancestors, property acquired by joint family efforts (accretions), or property that was thrown into the joint family hotch potch property by an individual (earned through his efforts)
Examples of Seperate Property would be - Property self earned/self acquired through gifts of learning/skill etc, property in the hands of sole surviving coparcenor, property got by will/gift, property of jt.family - lost and re-earned by self efforts, and lastly even property inherited from somebody apart from paternal ancestors
adv. rajeev ( rajoo ) (practicing advocate) 07 March 2012
Ancestral Property means : Property inherifted from the forefathers.
Self Acquired property means: Property earned by the person from his independent income, which is also called as gains of earning.
Shantilal Pandya ( Advocate) 07 March 2012
Self acquired property means property which is not inherited from the paternal ancestor