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victimof bisedlaw (jobless)     29 August 2017

Property got from "will" is deemed self acquired property

Dear All,

Please help me to understand that any property got from "will" and receiver person have sole ownership on this property shall it deemed self acquired property for receiver

any judgement please share and treat it as urgent.



Learning

 38 Replies

Kumar Doab (FIN)     29 August 2017

The nature of property that is recieved by a duly acted upon valid WILL (without any cloud on it) is self acquired.

NO citation is required for such basic thing.

 

1 Like

Siddharth Srivastava (Advocate)     29 August 2017

Sole ownership and self acquired property are two different and distinct meaning.

Kumar Doab (FIN)     29 August 2017

If WILL narrates one beneficiary only then he/she is Sole owner subsequent to WILL is duly acted upon without any cloud on it............

The nature of property shall be self acquired. 

1 Like

(Guest)

Property acquired through will falls within the purview of self acquired property.

1 Like

Advocate Bhartesh goyal (advocate)     29 August 2017

Agree with expert Kumar Doab & Jigyasu.

1 Like

(Guest)

Advocate Bhartesh Goyal ji,

Thank you for your encouragement by agreeing with a learner like me.

 

 

Kumar Doab (FIN)     29 August 2017

Thanks for agreeing Mr. Bhartesh Goyal..

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 December 2017

How can sole property and self-acquired be one and the same?  One is free to will to anyone a self-acquired property. But a sole owner who has obtained the property through inheritence cannot will it as he likes further.


(Guest)
Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
How can sole property and self-acquired be one and the same?  One is free to will to anyone a self-acquired property. But a sole owner who has obtained the property through inheritence cannot will it as he likes further.

 

Dr. MPS Ramani may like to quote relevant section of any law in support of his perception about self acquired property, if different than that acquired through will. This would help myself and other readers. to improve their knowledge.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 December 2017

My perception is based on the meaning of words.  I was the sole heir of my father. I had no brother or sister. My father died after the death of my mother.  I inherted from my father substantial property. I was his sole heir and I am now sole owner of the property inherited from him. During my lifetime I amassed considerable property from my own earnings. That is my self-acquired property. I have two sons.  I cannot will as I like my inherited sole property. But I can will as I like my self-acquired property.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 December 2017

I shall slightly alter (or rather correct) the title of this conversation.  "Property got from 'Will" is deemed self-acquired property in the hands of the testator.


(Guest)

@ Dr. MPS Ramani,

OK, even if you prefer to alter the title of the conversation, and you believe that you cannot "will" as you would have liked your inherited sole property to be made, you may quote which section of which law debars a person to make a will for the inherited property?

You may also like to state, in that case, supposed you have the desire that your property should go to your daughter, but you fail to dispose of your inherited property during your life time as per your desire, shoud that property be left intestate, as against your desire, as you feel you can't make will for the inherited property? 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 December 2017

Oh! God!   I never thought that I will have to appear for an interview for the post of a law officer. Please see my profile. I have no law qualifications. I only ventured to look into the meaning of two words in English, namely 'solely owned' and 'self-acquired'. Their meanings are not one and the same. A solely owned property may be self-acquired. It may not be self-acquired also. An inherited property is not a self-acquired property;  I am sure. Law may say "for the purpose of this Act, the earth is flat". Once the Supreme Court ruled "water is a mineral". By their definition a mineral oil would not be a mineral. In humble science water is not a mineral. Mineral oil is certainly a mineral.


(Guest)
Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Oh! God!   I never thought that I will have to appear for an interview for the post of a law officer. Please see my profile. I have no law qualifications. I only ventured to look into the meaning of two words in English, namely 'solely owned' and 'self-acquired'. Their meanings are not one and the same. A solely owned property may be self-acquired. It may not be self-acquired also. An inherited property is not a self-acquired property;  I am sure. Law may say "for the purpose of this Act, the earth is flat". Once the Supreme Court ruled "water is a mineral". By their definition a mineral oil would not be a mineral. In humble science water is not a mineral. Mineral oil is certainly a mineral.

 

@ Dr. MPS Ramani,

I wonder, if a doctorate level qualified person has to take shelter of pretentions!

Don't you think that your present reply is quite funny, when on a legal site you just talk about the literal meaning, not the legal interpretation of the legal term asked for by the querist?

The question of the querist was very clear, which states, "Please help me to understand that any property got from "will" and receiver person have sole ownership on this property shall it deemed self acquired property for receiver." When he intended to know the definition, not the literal meaning of a legal jargon, seemingly out of some jealousy, you ventured to suggest him the literal meaning. With reference to your LCI profile, I can understand that you have done a Doctorate in Chemical Engineering by interpretiing chemical engineering terms, but that does not mean that law is also driven by your literal, chemical or technical meanings.  

Further, when you preferred to intentionally create some controversy, why do you forget that when questioned it is you only, who had to justify your stand, not anyone else, may you presume that you have been asked questions as if considered to have appeared for the interview for the post of a law officer. When admittedly you were not a legal expert, where was the need for you to give your own literal interpretation with a deliberate intention to prove that the legal experts are wrong and only you are correct to interpret the legal jargon? 

If you talk merely about the literal meaning, you should also have known that even the term, "acquired"  has several meanings to be used in different aspects of life and circumstances.

Still further, if a person has a legally valid will in his favour and none else, other than himself, has acquired the property will that be a property acquired by someone else, IF NOT 'self acquired" by the person in whose favour a deceased owner has made a will?

Please excuse me, a super sense is not acquired in all the streams of life even by holding a doctorate degree, specifically when a person is unaware of the subject matter and has little experience in that field.

 


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