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Ram (Practice)     11 May 2009

Property definition

What is meant  by self -aquired property and ancestral property. For example here  grandfather has given his the property to his sons (A & B) and daughter C & D) by way of Will and they enjoyed the property Similarly "A "is giving his portion to his successors X and Y by way of Will. and   For "B"  the sons   X1 and Y1 of  "B"  has got from " B " by way Will . Now Whther the property acquired by each X, Y, X1 and Y1 are self -Aquired or Ancestral property



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 6 Replies

S.MANIMARAN (Advocate)     12 May 2009

it is a ancestral property, becuase the property was originally purchased by the grand father and passed to his son and like that the end also.

Ram (Practice)     12 May 2009

Dear Manimaran Sir

I was told by eminant Lawyer that any property which he got though his own resources and the property acquired by way of testamentary or Will documents  are all self-aquired Property. Ancerstal property is one the property enjoyed in a common pool in a joint family and its resouces  were shared by the all family memebers. Like that the property should come from the fourth generation upwards from great great grand father . In Tamil nadu, kerala, AP , all are about 85% are self -acquired property only .Anybody can challenge this definition  with proper definition with documentary proof  Please if any

Ram (Practice)     12 May 2009

Dear Manimaran Sir

I was told by eminant Lawyer that any property which he got though his own resources and the property acquired by way of testamentary or Will documents  are all self-aquired Property. Ancerstal property is one the property enjoyed in a common pool in a joint family and its resouces  were shared by the all family memebers. Like that the property should come from the fourth generation upwards from great great grand father . In Tamil nadu, kerala, AP , all are about 85% are self -acquired property only .Anybody can challenge this definition  with proper definition with documentary proof  Please if any

Dear Manimaran Sir

I was told by eminant Lawyer that any property which he got though his own resources and the property acquired by way of testamentary or Will documents  are all self-aquired Property. Ancerstal property is one the property enjoyed in a common pool in a joint family and its resouces  were shared by the all family memebers. Like that the property should come from the fourth generation upwards from great great grand father . In Tamil nadu, kerala, AP , all are about 85% are self -acquired property only .Anybody can challenge this definition  with proper definition with documentary proof  Please if any

Ram (Practice)     15 July 2009

Dear Sir

 I was told by eminant Lawyer that any property which he got though his own resources and the property acquired by way of testamentary or Will documents  are all self-aquired Property. Ancerstal property is one the property enjoyed in a common pool in a joint family and its resouces  were shared by the all family memebers. Like that the property should come from the fourth generation upwards from great great grand father . In Tamil nadu, kerala, AP , all are about 85% are self -acquired property only 

sunaina (Lawyer)     15 July 2009

Hi,

Please go through the recent SC Judgement of 2009 in Shyam Lal @ Kuldeep vs Sanjeev Kumar and Others, .

The ratio of the above case is as follows: 

“A male Hindu governed by Mitakashara system is not debarred from making a Will in respect of coparcenery or ancestral property under Section 30 read with Section 4 of the Hindu Succession Act.”

 

Ram (Practice)     11 August 2009

Dear Sunaina

I am not able understand to answers to my questions. Actually I need the clarification on the property definition . Because whether the daughter rights came during 2005 amendment only to Coparcenary property  in Joint family  or to the separate property inherited thro Will  or own resources. In case the property is not related to  joint family , what  about this amendment act says on the daughter's right in those property? ( ie the property inheritated separately by way of will  documents ) Secondly  in case it is not copacenary property  what is the status of it


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