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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

169 Responses to Self-Acquired and Ancestral Property

  1. 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.

  2. 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

  3. 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.

  4. 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

  5. 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?

  6. 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.

  7. 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.

  8. 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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