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MS Karunakar   10 April 2023

Self acquired property sold as ancestral property

My grand father has 2 acred of agricultural land. 

After his death my father and his brother received 1 acre each through partition deed. 

So it becomes self acquired property

My father , while selling his share, mentioned it as ancestral property and sold it . 

It changed several hands and the same property was bought by my father. 

He made a registered will upon my name. 

After his death the property was transferred to my name. 

I am paying tax also. 


My step brother filed a suit claiming a share in the property. 


The problem is while selling it, my father instead of mentioning it as self acquired property, mentioned it as ancestral property. 


Kindly give your valuable suggestions. 

Thanks in advance. 

, 🙏🙏🙏


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 April 2023

By making an incorrect terminology about the nature of property, the status of property will not change.

In fact your father bought the property again by a registered document and had subsequently transferred it to your name by a testamentary disposition, hence it becomes your self acquired property,

You can challenge the claim properly.

MS Karunakar   10 April 2023


My step brother filed the suit based upon the wording

" Ancestral property ""

kavksatyanarayana (subregistrar/supdt.(retired))     10 April 2023

As it is not an ancestral property but a word wrongly written in the but.  Luckily your father purchase the same property and hence it is his self acquired he wrote a Will to you and your stepbrother has no right over it.  You can challenge the case.

MS Karunakar   10 April 2023

Tq very much for your valuable suggestions sir


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