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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

198 Responses to Self-Acquired and Ancestral Property

  1. Jayanth says:

    Hello Ma’am…

    First of all, thank you for sharing your valuable inputs on various topics on your blog. I am faced with a peculiar situation here and don’t know how to go about it.

    My maternal grandfather passed away a few years ago without leaving a will and after his death, his children – that is my uncle and my mother were equal benefactors of the property my grandfather had made. My uncle at the time saw this is an opportunity and convinced my mother that he needed the property more than her and my mother also without thinking twice agreed for the same. At the time I was too young to convince her or talk to her about this issue.

    Now a few years later I have come across many news articles that the daughter has an equal right to inheritance and I know that if my mother moves the honorable court she will easily stand to claim half the property, not only that, no document has been signed by my mother till date agreeing to transfer her share to her brother (my uncle) till date! But unfortunately the problem is that my mother doesn’t want to claim anything thinking that it would strain the relationship between her and her brother (my uncle).I have talked to her many times and she just doesn’t seem to understand the value.

    My query is if it is possible for me (the son/grandson) or my younger brother in this case to claim my mother’s share by moving the honorable court without my mother’s permission or does she have to give permission?

    Regards,
    Jayant

    • There is nothing you can do unless your mother wants her share and is willing to go to court if required.

  2. Jitender kumar says:

    Will partially muted in 1984. Icame ti know this when left land was muted in barast inrkal.i challanged this before sdm . Now respondents advocate says after 30 yrs will does not stand.us there any time bar for will to be intered

    • If you go to court now, you will have to explain the inordinate delay.

  3. Parthak says:

    My grandfather (a Hindu) moved during partition from undivided India (now part of Pakistan) and bought property (land and house built on that land) in Delhi. On his death, the said property was transferred to my father as the sole heir. On the death of my father, he willed the said property to my mother. My parents have two married daughters only. The question I have are-
    1. Would this property be considered ancestral Hindu family property?
    2. Is the property willed by my father to my mother only and not to the daughters a valid transfer?
    3. If my mother decides to not pass on the property to her daughters but decides to pass it on to a 3rd party or sell, is that valid and can it be contested by the daughters?

    • The property can be considered the self earned property of your mother and she can do with it as she wishes.

  4. manjunath says:

    My father was married to two wives as his first wife did not have any children and second wife (my mother) has two sons (my brother and me). My father expired in 2009 and his first wife expired in 2010. My father had not made any will before he died. My father had owned about 12 acres of land in our village, 50% of which is ancestral and the remaining 50% is his self acquired. and he was farmer. Now we are three people (me , my brother and our mother) and my brother is not willing to give any share to us (me and my mother), So if I go to court, how will the partitioning of my father’s property happen among three of us. Plz reply

    • The ancestral part is to be shared equally between you and your brother and the self earned property split three ways equally between you, your brother and your mother.

  5. Bharatkumar says:

    Hello Sir/Madam,

    I am the only son from my father’s first marriage and following the death of my mother my father married again.
    My father has four sons and six daughter from my step mother. My step mother has been really mean to me . All six daughter are married before 1994 . I’m from Karnataka. In court ,they all are claiming their rights.
    In law, does the son of first wife (Myself) get any extra benefits in ancestor property..?

    Please help!!

    • No.Unfortunately you enjoy no extra benefits.

  6. Anand says:

    A man, a Hindu Brahmin, who has two sons and a daughter, inherited a piece of land from her mother’s side. After the death of his mother, he bought a land (but it was done as gift deed) adjacent to the land he inherited. After some time, he built a house covering the inherited and purchased land. With course of time, his eldest son got married. After the marriage of his eldest son, differences come up within the family as the eldest son married a Scheduled Caste woman. After repeated quarrel, his elder son demanded a land so that they can build a separate house and live peacefully. The father is willing to share the whole property, inherited and purchased land, amongst his three children. However, the wife, who is a housewife and the mother of three children, is refusing equal share amongst the children and wants to own the land that had been gifted (purchased) as she is claiming that she bought that land from her own money. The two unmarried children are on her side and supporting her. How far can she claim that share and what should the share of three siblings be?

    • I can answer your query only after examining the mother’s claims. As the case requires personal attention, please opt for my charged services or contact a competentlawyer locally.

  7. Rajendra Gore says:

    Dear Sir
    My Grandfather and grandmother expired. They had 3 son and 3 doutur also married before 1994
    Grandfather had. 17.5 acres land. How many share my ants this property.
    My ants demand to my father equal land.
    Please sir tel me it is possible of Indian law ?

    • Rajendra,
      Have already discussed many cases similar to yours on this blog. Please go through the comments section and help yourself or avail yourself of my charged services, if you feel the need for a more personalized service.

  8. Sai says:

    Hi Keerthika,
    The judgement came against to me in the lower court (land case), 15 months back, by saying that I should register the land in the name of the opposition party, but upto now the opposition party didnt came forward to register the land on his name. Now matter is, upto how many days the court judgement will be valid, the total land is on my dads name, two months back my dad was expired. Is there any chance to cancel the judgement came on the favour of my opposition party.
    or else what to do.
    Court judgement came when my father was alive, but now he is passed away two months back.

    • Are you in regular communication with the other party?

  9. Dear Sir,

    Please advise me:

    My father was a daily wage worker and was leading the family by the getting loans from the third parties. My father was living with his wife, daughter and 3 sons, His daughter got marriage in 1982. His sons were studying the school with very hard situation. His elder son has completed his Diploma course with the help of college lecturers and friends by taking loan. His second son studies has stops at 10th Class and his third son dropped his studies at 6th class.His elders son got a job in INDIA in a private company and all of his family members were depends only on the elder sons’ income. His elder son got a job in GULF and has worked for 5 years continuously without visiting India. His elder son was sending all of the salary money(Rs 4,60,000/-) to his father via NRI account.Then he and his wife and two sons were enjoying with that money.

    Father utilized his elder sons’ income for his previous debts clearing and used his second sons’ studies expenses about Rs.50000/- and purchased some agricultural land property from different parties and kept all the property on his name.

    Finally when his elder son arrived INDIA for his marriage and settle in India, The elder son again expended his money for the alteration house and construction of new house. His elder married on 3rd Sep 2000. His elder son was jobless and very difficult to survive all the family. Finally the elder son decided to go back gulf countries to get employment. Then father sold some portion of land and forced his elder son to get relinquishment as leaving his right of share in the remaining properties. Finally father made an un-registered relinquishment deed from his elder son by paying only Rs 1,25,000/- on July 2002.

    Father expired on Nov 2012 without making any partition among wife and sons.. then mother and second and third sons are not willing to give share to his elder son in the remaining properties.

    So, please reply me what is the legal action applicable against the mother + sons. How to proceed the elder son to get his share of his property ?

    Is it correct way that father used all the resources of his elder sons’ income and kept on his name?

    Is it correct that after death of father his wife and sons not willing to give a share for elder son.

    Is it benefit for elder son to consult lawyer for filing suit against mother and second and third sons by submitting all the evidence of Exchange DDs +bank statement + cheque sheet +written letters wrote by father addressed to elder son as mentioned that all the properties item wise were purchased fully with elder sons’ financial source.

    Is it un-registered relinquishment deed (made on Rs 20/- & Rs 10/- stamp papers) accept the court during judgement time?

    Please reply me with proper advise.

    Reply

    • Bhanu,your problem will be to establish that you did not gift the money to your family but sent it to them for safekeeping.So if you have old letters etc,that make this clear,you can hire a lawyer to fight this case and with the sort of evidence you claim you have,you will win it.

  10. T.SREENIVASULU says:

    Dear Sir,

    Please advise me:

    My father was a daily wage worker and was leading the family by the getting loans from the third parties. My father was living with his wife, daughter and 3 sons, His daughter got marriage in 1982. His sons were studying the school with very hard situation. His elder son has completed his Diploma course with the help of college lecturers and friends by taking loan. His second son studies has stops at 10th Class and his third son dropped his studies at 6th class.His elders son got a job in INDIA in a private company and all of his family members were depends only on the elder sons’ income. His elder son got a job in GULF and has worked for 5 years continuously without visiting India. His elder son was sending all of the salary money(Rs 4,60,000/-) to his father via NRI account.Then he and his wife and two sons were enjoying with that money.

    Father utilized his elder sons’ income for his previous debts clearing and used his second sons’ studies expenses about Rs.50000/- and purchased some agricultural land property from different parties and kept all the property on his name.

    Finally when his elder son arrived INDIA for his marriage and settle in India, The elder son again expended his money for the alteration house and construction of new house. His elder married on 3rd Sep 2000. His elder son was jobless and very difficult to survive all the family. Finally the elder son decided to go back gulf countries to get employment. Then father sold some portion of land and forced his elder son to get relinquishment as leaving his right of share in the remaining properties. Finally father made an un-registered relinquishment deed from his elder son by paying only Rs 1,25,000/- on July 2002.

    Father expired on Nov 2012 without making any partition among wife and sons.. then mother and second and third sons are not willing to give share to his elder son in the remaining properties.

    So, please reply me what is the legal action applicable against the mother + sons. How to proceed the elder son to get his share of his property ?

    Is it correct way that father used all the resources of his elder sons’ income and kept on his name?

    Is it correct that after death of father his wife and sons not willing to give a share for elder son.

    Is it benefit for elder son to consult lawyer for filing suit against mother and second and third sons by submitting all the evidence of Exchange DDs +bank statement + cheque sheet +written letters wrote by father addressed to elder son as mentioned that all the properties item wise were purchased fully with elder sons’ financial source.

    Is it un-registered relinquishment deed (made on Rs 20/- & Rs 10/- stamp papers) accept the court during judgement time?

    Please reply me with proper advise.

  11. Jenny says:

    The rights in ancestral property are determined per stripes and not per capita, it can be done by the will and the gift.

    • Jenny,what you say might be the position in Australia,but this is not the case in India.

  12. sainath says:

    Hi,
    My father got a land in his name after his grand father expires, from 1981 onwards the property is on my fathers name. Now, my father expires and my father has four sisters,
    now question here is,
    after expire of my father, his sisters(my aunts) coming forward for share of that land.
    1: Really do they(aunts) have share in this situation?
    2: my grand mother is also alive, she is also demanding share in this, do they have?

    this land is my great grand fathers, directly it is transferred from my great grand father to my father, not as step wise like,( great grand fathers – grand father – father)

    help me,
    really do my father sisters have share in this case.

    • How did your great grand father come into possession of the land?
      What was the instrument used to transfer the property directly to your dad?

      • Sainath says:

        After expiting of my great – great grand father, my great grand father came into posession.
        Afer expiring of my great grand father, directly transferred on my fathers name, rather than my grand fathers name..

        could you suggest me,

        really do my father sisters have share in this case. If, @ %?.
        and is there rights to my grand mother on this land. If, @ %?.
        suggest me on this issue…..

      • Sainath I am trying to establish whether the property in question is to be classified as self earned or ancestral.I need to know if there was partition at some earlier stage,gifting etc.Hence my question on what was the instrument used to transfer the property at these stages.If you don’t know the details,you have to find out from the concerned Tehsildar’s office and tell me.Only then will I have the right information to answer your question.

      • Sainath says:

        1. After expiring of my great – great grand father, my great grand father came into posession on that land.

        2. After expiring of my great grand father, directly transferred on my fathers name, rather than my grand father (because, my grand father died before than my great grand father)

        help me,
        really do my father sisters have share in this case. If, @ what %?
        and what about my grand mother, now she is also demanding on her share, is she? If, @ what %?

        suggest me.

      • You will have to check what was submitted in the no objection certificates at the time of the last transfer at the tehsildar’s office.Also check the year in which the changes were made.I need this info to suggest the way forward.

  13. Mic says:

    hiii…..

    • Hi

  14. r v rao says:

    “A property owned by a female can never be an ancestral property”. is this legally a correct statement? in view of HSA, Hsa(amendment act 2005), and court judgements ,marriage laws amendment bill 2013 .request you to kindly clarify.

    • No this is not correct,I will deal with your query over many posts.So please follow my blog for a while.

  15. Thirumalesh says:

    Hello sir,

    My father sold out 1.5 acre and with that money he bought another land with the help of money which was from land lending to others for 4-5yrs, and that property registered to my step mother.
    we are fearing about remaining land and property because he is saying that I am not going to give the land to you until my last breath.If we ask about part of income from that land also he is refusing, he simply saying that my mother is full rights to take that money for her safety and food.we have complete 17 acres my father’s father’s own property(4.5 acres in my father’s mother’s name and remaining acres in my father’s name), 8 acres fore fathers property(in my father’s name), and finally 5 acres my father’s own property(money got from land) which is in my step mother’s name. we are two brothers and one sister(married).
    What should we do now? please give a better solution to solve this issue.
    This is in Andhra Pradesh, India

    Thanks in advance,
    Thirumalesh

    • Thirumalesh,I have now made personal queries charged on my blog.Link.Are you still interested in having me answer your question?If so please deposit Rs 500 via PayPal or into my ICICI SB a/c no 041401501858

  16. S. U. Kulkarni says:

    Dear Madam,

    Yas I am interested in knowing my previous specific question, Pl. go ahead i will pay formal charges.

    Mean while I just want to know in general in India any hindu women’s 90% property(Agricultural land) is transfered to her two sons during her life time then in the similar way remaining 10% property (residential House) can be leagally transfered (by refering previous transfer) after her death or it will be distributed among succesors of heir -1 clasifications..

    • To answer your question.I need to know what was the instrument used to transfer the properties.
      Also please note I take payments in advance.

  17. S. U. Kulkarni says:

    In general, in India any hindu women’s 90% property is transfered to her two sons during her life time then in the similar way remaining 10% property (residential House) can be transfered after her death or it will be distributed as per heir -1 clasifications..

    • Sir
      You are writing to me on this blog for the fourth time.Your’s is a case that is going to take a while to understand and sort out.I am prepared to devote time to the matter provided you are prepared to pay my charges.
      Keerthika

      • lava61261 says:

        Dear Madam,
        I have got your bank details and will do the needful.
        You had asked some questions:
        The said property is coffee plantation and paddy cultivation it is located in coorg a place called virarajendrapet.

        The property is ancestral property it has come to my father and his brother from four generations. Now my aunt(my dads sister) has staked a claim 1/3 share of this property. My Aunt is no more she died at the age if 87yrs, but her legally adopted son/daughter is continuing the case which is in court . Do we stand a chance to fight in the court. Moreover the said property does not have a registered deed it was mutually divided between brothers and my grandfathers brothers son. The adopted son/daughter of my aunt has also got a share from their Father. Now they are claiming property from their Mothers side as well..

      • If I understand correctly,your father is one of 4 brothers and they have 1 sister.This sister asked for her share of the ancestral property at age 87 and has since then died during the pendency of the case.Previously these 4 brothers and their cousin had orally distributed the property between themselves.Also this property was originally acquired by your great grand father.Which year did this oral agreement take place?Which year did your aunt get married?
        Also please explain what is your aunt’s reasoning for asking for 1/3rd of the property?Why a share bigger than that of your father and uncles?Also what do you mean when you say your adopted cousin sister has already got her share from her fathers share?Is her father some sort of blood relative?If so how?

      • lava61261 says:

        Dear Madam,
        My dad has one brother and one sister apart from one cousin brother. This property was mutually shared in the year 1925. My aunt Married in the year 1945. My dad who is the eldest had to sell a portion of our property to get my aunt married off. There is no document or sale deed for having sold since in those days it was mutual between two parties. The adopted children are from my uncles side (aunts husbands own brothers children) so they are related by blood. Hope I have answered your queries. Now only my dads brother is alive he is 88years old and have no issues.

      • lava61261 says:

        Dear Madam,
        I missed out on one point. My adopted cousins have got the share of property from their adopted father who is very well to do. Now they are claiming the property from their adopted mothers side also.

      • Sir please note I take payments in advance.

      • S. U. Kulkarni says:

        Dear madam,

        This is question related to 2-3 of my relatives who are widows now & are illeterate and threatended by their sister-in-law’s. In one of the case poor widow is residing in a small portion of house & she is thretended by her sister in law for vaccating the house so that the same is sold out & she will get her share as this old house is practically not feasible for partition. So I feel this has become the social issue now as all old cases are reopening & sister -in-laws are either threatening or asking commercial benefits for settelment of case. So I request you to pl. educate through your blog for false threatening (specially the cases which are settled long back within familly’s internal/mutual understanding). I was reading your blogs with interests & will appreciate you for educating the people & creating social awaireness. Pl. note my this quetion is in general & related to 2-3 cases of my relatives including my privious specific quetion. However still you want me to pay I will pay you your nominal charges.

      • Mr Kulkarni,
        I have noted your interest in knowing more about family settlements etc.I shall be happy to blog about these issues at leisure.
        However,should you be interested in having me take a look at the ins and outs of these cases and venture an opinion,I feel in all fairness,payment is due for each case.
        Keerthika

  18. C SAHOO says:

    dear madam,
    MAY GUIDE ME ON THE FOLLOWING ISSUE. WE ARE HINDUS FROM ORISSA.
    MR. A MARRIED TO MRS B. MRS B PURCHASED LANDED PROPERTY IN 1945, PROBABLY FINANCE BY HER HUSBAND- MR. A. MR. A PASSED AWAY IN 1946. MRS. B DISTRIBUTED ( THROUGH REGISTERED DEED) IN THE YEAR 1972 THE SAID PROPERTY IN THREE PARTS. PART 1 IS IN HER OWN NAME. PART 2 IN THE NAME OF HER ELDEST SON C & HIS ( C’s) SONS D,E,F,G. PART 3 IN THE NAME OF HER YOUNGER SON H & HIS ( H’s) SONS P,Q,R. MRS. B HAD NO DAUGHTER. MRS. B PASSED AWAY IN 2000.
    MR. C HAS ONE DAUGHTER X . SHE GOT MARRIED IN 1965.HER NAME WAS NOT INCLUDED IN PART 2 OF THE PROPERTY THOUGH HER FATHER & HER BROTHERS WERE INCLUDED.MR. C PASSED AWAY IN 2012.
    I HAVE FOLLOWING QUERIES;
    1. WHAT WILL BE THE STATUS OF THE WHOLE PROPERTY AT THE TIME OF DISTRIBUTION ( 1972)- IS IT SELF- ACQUIRED PROPERTY OF MRS B OR ANCESTRAL PROPERTY.
    2. WHO ARE THE OWNERS OF PART 2 OF THE PROPERTY & IN WHAT RATIO, NOW THAT C HAS PASSED AWAY IN 2012.HE HAS 4 SONS D,E,F,G & ONE DAUGHTER X
    3. WHAT WILL BE THE SHARE OF MRS. X IN THE PART 2 OF THE PROPERY & PART 1 OF THE PROERTY RESPECTIVELY.
    THANKS,
    C SAHOO

    • Sir,Are you aware that I have made queries related to personal property matters a paid service on this blog?Do you still wish to proceed?

      • lava61261 says:

        Dear madam,
        Please proceed and give me an honest opinion whether we can fight the case . will pay you the fees as agreed upon.

      • Achaiah,
        Please deposit the money via PayPal or my bank account.I prefer payments in advance.Following are the details required for the money transfer:
        PayPal id:keerthikasingaravel@yahoo.co.in
        ICICI sba/c no:041401501858, IFSC:1CIC0000414, BSR: 6390609-6000009, SWIFT:ICICINBBXXX.
        Also please provide me the following details so that I can answer your queries:
        1.What sort of property is it and where is it located?
        2.Whose name is the property in?
        3.How did the property come into the possession of the above person?
        4.How has the property been used in all this time?

  19. Achaiah says:

    Sir,
    We have peculiar question to ask? My dads sister claimed her share of the property at the age of 80 and has put a case in the court to claim her share. 2years back she passed away. Her husband also passed away long time back and they are well to do. Now, her son and daughter who are adopted when they were young are fighting the case to claim the mothers share. The son and daughter are adopted legally. The daughter has also got a share from her fathers side. Now do we stand a chance to fight the case. We are four brothers and one sister. What should we do.

    • I have just returned from 10 days abroad.I have also pressing matters of business to attend to before I can give your case the attention it deserves.So please bear with me.Also please note that legal advice on property matters is now a nominally charged service.Link
      If you are willing to pay, I shall take up your case next weekend.

      • Achaiah says:

        How much do you charge for your advice

      • Rs 500 or $10 for property matters.

  20. Sharoun John says:

    Hi Keertika,

    I have done many searches before, but I have to admit this is the blog I am looking for.
    I have a query related to ancestral property and I have lost all hopes in life please do reply me at the earliest.

    Issue:
    =====
    I am the ONLY son to my parents and I have a son who is of 7years of age. And due to family reasons I had to separate from my parents.

    About my fathers family:
    ===================
    1.My father has 6 sisters who are married and are well settled families.

    2.Out of 6 sisters, 3 are born to the second wife of my Grand Father(second wife is alive).

    3.We have a property of 700 Sq Yards which belongs to my great grand father(both great/grand fathers are dead).

    4.Now my father decided to give the property for Apartments construction and all the six sisters
    along with my father and his step mother have signed the sale deed which is written in the name of the BUILDER. Hoping that the builder would give the constructed apartments in the agreed ratio (builder:Owner)

    5.I was not intimated at the time of the sale deed so I did not sign the sale deed.

    6.Now even the builder did not intimate me even though he knows about my existence.

    7.And now my father is not willing to distribute the property as every other party has signed the sale deed. Instead he wants to keep it for himself.

    8.So in this scenario, can I claim my share after the construction or should I interfere now, asking to settle my share.

    QUERY:
    ======
    1. Is my father correct?
    2. How can I make justice to every one in the family?

    • Sharoun John says:

      Adding to the above could you please clarify the people who are all the legal fit candidates
      to claim the said property?

      Thanks..

      • I have just returned from 10 days abroad.I have also pressing matters of business to attend to before I can give your case the attention it deserves.So please bear with me.Also please note that legal advice on property matters is now a nominally charged service.Link
        If you are willing to pay, I shall take up your case next weekend.

  21. S. U. Kulkarni says:

    If 75% property is divided by absulute woner himself in his/her life time than remaining property after his/her death will be devided in same manner or by successon.

    • I have just returned from 10 days abroad.I have also pressing matters of business to attend to before I can give your case the attention it deserves.So please bear with me.Also please note that legal advice on property matters is now a nominally charged service.Link
      If you are willing to pay, I shall take up your case next weekend.

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