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self-acquired property definition


Hi,

I came across the definition of self-acquired property as follows:

Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as 'Will' etc.

Is this correct ?

To be specifc, Mr X acquired a portion of the ancestral property through a partition and the partition deed is registered. Does his share of property obtained through partition become his self-acquired property ? Will Mr X grandchildren have rights to claim their share if they go to court ? Please advise.

Thanks.

Krishnan

 
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Advocate/IP Attorney

Hi,

In my view, an ancestral propery cannot become self-acquired, unless it was originally a self-acquired property before it was transfered to its legal heir.

 Any property acquired by a male Hindu as a member or coparcener of Hindu Joint Family as his share in the Joint Family property constitutes an ancestral property in his hands. He could acquire the right by means of an intestate succession (succession when there is no will) on the death of his father if the property was held by his father as ancestral property in his hands at the time of his death.

Cheers,

 

 

 
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Advocate

Krishnan Sir, in your definition of self acquired property, any property which is is acquired as a part of division of ancestral / coparcener property or acquired as a legal heir  is NOT self acquired property of that person. Other part of the definition is fine.

 

So, in your query, the grand children of Mr.X have their share in the property as it is not self acqired property of Mr. X.

 
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Hi Venky and Suchi, Thanks for your replies.

I came across a different answer by a senior lawyer a while ago.  Please click the link below to see the information:

http://answers.yahoo.com/question/index?qid=20071012105545AAwxqiW

 
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Advocate

Sir, I went through the link given by you. But still I think my view was right. Once it is an ancestral property, it cannot become self acquired property either through partition or intestate inheritance. Only if the property is aquired through will , it will also become self acquired property. Let the Learned members of the group enlighten me if I am wrong.

 
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Consultant

A self acquired property is one which has been acquired by oneself out of his own earnings.  Thus an ancesteral property or inherited property cannot be once self acquired property.

 
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I got a snippet of a case reported in 'Indian Law Reports 2007 Karnataka Series' page 182. It states  "Though under traditional Hindu Law, a son by his birth in the family gets a share in his father's ancestral property and becomes a co-parcener, that position is affected and modified by Section 8 of the Hindu Succession Act, 1956 - Consequently, the property of the father who had seperated from his family, on his death will be inherited and held by his sons in their individual capacity and son's son/sons will have no right there in as co-parceners"

 

Any thoughts on this statement ?

 
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Consultant

In my view, once a person severs ties with his family, becomes independent on himself, thus, a property received by him on servering his ties and bonds from his parent family, becomes his individual property.  I shall be clear once I lay hands on the Indian Law REport, 2007 and read the contents.

 
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my father has bought a house(actually the land of that house) in my mother's name..though he has documents(like income tax file where it has been shown that he spent a substantial amount of money for the house)..does my father has any right on that house??can he file any case to regain the ownership??can he give it to me??plz help..thanks in advance

 
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