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Self-Acquired and Ancestral Property


wealthymatters.comAfter a person dies, there are often pretty big rifts in the family.Hidden stresses come out in the open and contesting claims to the deceased person’s property is fairly common.The problems are compounded by the fact that the law defines self acquired and ancestral property differently from common  parlance.

According to the law for Hindus,self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.

On the other hand,ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand father, which then passes  undivided down the next three generations up to the present generation of great grand son/daughter. In short , firstly,this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.

And to add a further twist,self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

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About Keerthika Singaravel
Engineer,Investor,Businessperson

296 Responses to Self-Acquired and Ancestral Property

  1. sivani says:

    My father bought a property and died..But it was registered on my mother’ s name. If she won’t write a will, it comes to daughter or son?

    If she wants to give it to daughter,…..son’s permission needed?

    • If your mother wants to leave the property solely to you, she can either gift it to you in her lifetime or she can make a registered will to this effect. I repeat, registering is absolutely necessary.

  2. kumar says:

    my grandfather died in 1990 after death of my father who have no brothers and sisters. the whole property has changed to my name at my 18th age. but my sisters who are married are telling they are having share in that property. we are in village in tamilnadu. please help me. all are well settled expect me.

    • Your sisters have a right to their hare of this property.The fact that you are less well off than them doesn’t diminish their right.

  3. Ravi LH says:

    hi please help me out. grandfather purchase a land in the year 1945, and my father got property title in his name in the year 1991, and now my father selling that same property, and i dont have idea of tax on sale of property so. if it divide to me n brothers. what is the tax wil come each individual including father

    • As the property is in your dad’s name and he is the seller, any taxes if due are the sole responsibility of your dad only.

  4. kvr says:

    on death of my brother (unmarried) his house was transferred to my mother however my moother has transferred the property in my sisters name. is this in order as per hindu succession act. I have performed the last rites of my brother. can a property be transferred without legal heir certificate

    • As presumably the sole class-I heir of your brother, your mother rightfully inherited his property. Thereafter it became her self earned property and she could do with it as she chose, including transferring it to your sister.

  5. hemant says:

    can my mother has a right to claim her deceased fathers ancestral property her father had expired on 1995 and her brother has not entered the name of my mother 7/12 uttara my mother is still alive and she wants equal share and my mothers father has no registered will or gift deed

    • Of course your mother can make a claim for her share of the property.

  6. VASUDEVAN says:

    Dear Keerthika, This is in response to the reply posted by yourself for query by Vasudevan on Oct 19, 2014.
    Many thanks for your prompt reply. Regarding your query, please note that in the purchase deeds, the share among them is not specified. That should mean that the share is equal for all of them. Which should account for 4.5 cents now. They have passed away in the following sequences. Elder sister’s minor son in 1950, elder sister in 1978, My mother in 1995, My mother’s younger sister in 2010. They have not executed any ‘will’ either individually or jointly. We belong to Hindu religion and caste is Ezhava. My mother is having a son and two daughters (as mentioned earlier). My mother’s younger sister has a daughter alone. The elder sister and her son have no successors to their own. So understandably, we become their successors and living heirs now. The plot was physically possessed by my mother until she was alive. After her death, the plot is in my possession. The plot is still in the names of the four deceased as named in the original purchase deed (as per the revenue and registration records).The land revenue is paid in their names in a single revenue receipt.
    Now, we have decided to share the above plot among us (that is, between myself, my two sisters and the daughter of my mother’s younger sister). So, I request you to kindly clarify the following:
    (1) My mother’s elder sister and her son together shared 9 cents out of this 18 cents. As they didn’t have any natural successors, Is this share equally dividable by the remaining four of us (myself, my two sisters and the daughter of my mother’s younger sister)?
    (2) Can you please quote the relevant rules in this regard?
    Many thanks for your valuable feedback and advice.

    • Vasudevan was your mother’s elder sister’s marriage intact at the time of her death? If so her husband and his heirs have a claim on her share and her son’s share of the property. http://wealthymatters.com/2013/03/27/intestate-succession-as-per-the-hindu-succession-act1956/

      Else, the share of this branch of your family, devolves equally on the remaining two branches. As your sub-branch has more heirs, each person’s share will be smaller. However should you cousins mutually agree to share the property in a different ratio, there is no bar in law.

  7. Anand says:

    I am planning to buy a Agricultural land from A Widow and her Son. Land is in the name of Widows late Husband … No will is left. Land was acquired by Widows husband in 1971.

    Can the widow sell this property without the consent of her daughters — who are majors … Pls let me know …

    • No you need the consent of all the daughter’s too.

  8. VASUDEVAN says:

    i am Vasudevan from Kerala. my mother along with her elder sister &her son and younger sister jointly purchased a plot of 18 cents in 1941.All of them are expired long ago.The plot is still in their names and land revenue is being paid accordingly. The elder sister and her son have no living heirs.My mother has a son and two daughters.The younger sister of my mother has a daughter .Please clarify whether all the four living heirs have equal right on this property or not as per Hindu succession act.

    • No.
      Possibly,members of your branch of the family will have smaller shares individually.
      To give you exact proportions, I will have to know in what proportion the land revenue is being assessed on all 4 original owners and when different members of your family passed away and whether they left behind a will.

      • VASUDEVAN says:

        Dear Keerthika, Many thanks for your prompt reply. Regarding your query, please note that in the purchase deeds, the share among them is not specified. That should mean that the share is equal for all of them. Which should account for 4.5 cents now. They have passed away in the following sequences. Elder sister’s minor son in 1950, elder sister in 1978, My mother in 1995, My mother’s younger sister in 2010. They have not executed any ‘will’ either individually or jointly. We belong to Hindu religion and caste is Ezhava. My mother is having a son and two daughters (as mentioned earlier). My mother’s younger sister has a daughter alone. The elder sister and her son have no successors to their own. So understandably, we become their successors and living heirs now. The plot was physically possessed by my mother until she was alive. After her death, the plot is in my possession. The plot is still in the names of the four deceased as named in the original purchase deed (as per the revenue and registration records).The land revenue is paid in their names in a single revenue receipt.
        Now, we have decided to share the above plot among us (that is, between myself, my two sisters and the daughter of my mother’s younger sister). So, I request you to kindly clarify the following:
        (1) My mother’s elder sister and her son together shared 9 cents out of this 18 cents. As they didn’t have any natural successors, Is this share equally dividable by the remaining four of us (myself, my two sisters and the daughter of my mother’s younger sister)?
        (2) Can you please quote the relevant rules in this regard?
        Many thanks for your valuable feedback and advice.

  9. yogesh r kature says:

    hi i am yogesh
    from nagpur maharahtra , i want to know that if a property aquired by father from his father
    but at that time property was divide in three part and one part is on my father name so right now there is dispute on property matter & father giving threate me to taken out form house & also not giving any share in that property , so what is my right according to ansisteral property
    mam please reply me immideately

    • The property is considered the self-earned property of your father and he has the right to do with it as he chooses.

  10. lovely says:

    i have a question-i am a married woman and my father has property which is given by his father and gandfather so in which, i have some right in this or not?

    • What exactly do you mean by given? Was it gifted? Was there a will?Was there any partition in your father or grandfather’s generation.

  11. mailatvas says:

    Hi,
    Can you please suggest me in this?
    My grandfather has 2 sons and one daughter. Grandfather was allotted with a site by government and since grand pa didn’t had any money, my father (the elder son) paid to the government and the site was registered in grandfather name. After grandfather’s death, the younger brother and the daughter gave no objection through notary and the site got transferred to the elder son. Subsequently a Release deed was also made by younger brother and daughter and the full rights are given to elder brother. After some time the site was sold. Now the younger brother is disputing and asking a share in the amount.
    Is it legally stands?

    Thanks

    • No

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