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.

About Keerthika Singaravel
Engineer,Investor,Businessperson

398 Responses to Self-Acquired and Ancestral Property

  1. Anoynmous says:

    My father has sold off the property which was handed done to him by my grandfather. His sisters have consented to the sale in writing. Do I have a right to object and get the sale deed cancelled?

    • No. Sorry.

  2. Anu says:

    Need some advice,
    My mom had gifted a self earned property to me & my sister. Now my sister wants to release/ relinquish her share in my favor. Should a simple release deed work or should we do a purchase/ sale deed…for this property.
    Looking forward for your reply
    Anu

    • Just have her gift it to you.

  3. Bhuvana says:

    Hi Keerthika. My friend’s dad bought a land in his name. He passed away but the papers were not given to my firend’s mom. Due to some family feuds the mom and daughter (my friend) live separately with no contact with her dad’s family. Her mom doesnot possess the documents.
    How can she know the status of the property and the ownership? Who possesses the rights ideally?

    • Just go to the registry office, where the property is located and an RTI application will tell you in whose name the property stands. If there is no will to the contrary, your friend and her mum have equal rights to the property.

  4. karthik says:

    my answerr???

    • Karthik,
      A little courtesy will serve you better. I am not your servant to serve your demands.
      Keerthika

  5. Sanjay says:

    My mother gifted her purchased property to my second brother. I came to know of this after she expired. Is there any claim I can make for this property, with me being the eldest son?

    • No.

  6. karthik says:

    my grandfather died without making any will he has 4 sons 5 daughters.the four sons divided the joint family property among themselves and got registered in 1999 without consent of daughters does the daughters can question this registeration now and get share in the property and does they get equal share as son does

  7. karthik says:

    my grandfather died without making any will he has 4 sons 5 daughters.the four sons divided the joint family property among themselves and got registered in 1999 without consent of daughters does the daughters can question this registeration and get share as in the property and does they get equal share as son does

  8. karthik says:

    My grandfather had self acquired property he died without making any will ,he had 4 sons and 5 daughters the property was divided and registered by the four sons in 1999 without the consent of the daughters and now can the daughters challenge the registeration and can take a equal share as sons in that property

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