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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

283 Responses to Self-Acquired and Ancestral Property

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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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