Self-Acquired and Ancestral Property
August 30, 2011 28 Comments
After 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
My grand mother possess some property ..She got it from grand father .He bought it himself.What is the right of grandma’s children in that property …will it considered ancestral or self owned??
Self-earned and BTW not owned.
sir i am muslim my ancestral house (my grand fathers) which had no documents but we are paying house tax in the name of my grand father.my grand father and my father died.how will we create documents
Have you done a search in the local registry office ?
Property: House in Gujarat and empty. Property tax and electricity I pay in my name.
Ancestor property: no one knows and no record in record office. As far as I know that it was bought by my grandfather but I have no proof.
Whose name: On my name and transferred based on grandfathers WILL documented in Panchayat. WILL is not available or does not exist today.
Property was transferred to me in 1985 (I was 20 years old and my grand father passed away in 1981) based on the record in Panchayat
Family Tree: My grandfather had two children. Son (my father – passed away) and daughter (widow). My father had 5 children including me.
Problem: My older brother is asking for 50% share.
Does my brother have rights to ask after 25 years or for that matter anyone else to question after 25 years? Is there a limitation ?
Akarni register in my name which is same as title in villages I believe for past 25 years and my brother knows that.
How would the transfer be not valid when it is done by Panchayat 25 years earlier even though WILL is missing from everywhere?
Doesn’t limitation Act or something applies here?
Yes you have it right.He has not much of a case so don’t worry.
Property possessed by Hindu female is her absolute property & she has full power to dispose it of as she likes?
I have received the property from my father Prabhakarrao, which he has received from his mother by written stament(will) in her lifetime (when she was alive. I inherited the same from my father after his death with NOC from my mother since i am only one daughter & not having sisters or brothers.
My family histry is as fallows–
My grate Grandfather Mr. Ramkishnrao Devgaonkar has transferred his 1/3rd of agricultural land in 1950’s to his adopted son & my Grandfather Mr. Nanarao & 2/3rd Agricultural land to Nanarao’s wife Mrs. Prabhawatibai (my grandmother), by himself when he was alive. Mr. Nanarao has sold out the land which was on his name in 1980’s when he was alive. He expires in 2000 due to old age.
Now, Mrs. Prabahwati bai widow of Nanarao ( my grandmother) made the property division (which was on her name) verbally in 1998 between her two sons Mr. Prabhakarrao(my father) & Mr. Bapurao(my uncle) & they have the holdings on agricultural land & house since then. My father has one sister Mrs. leelabai who married in 1960′s.
In 2007, however she has written formal partition agreement (as per holdings of land by her son’s), thinking that their should not create problem in future, as she was becoming old age) on Rs. 20 rupees Bond paper which is signed by herself, her both sons & two more witnesses from the same village. Based on this the land is transferred to her both son’s & they have received PattaBooks & also having holdings on land.
Now, Mrs. Prabhavatibai my grand mother expires in April, 2009 & immediately after 2 months Mr. Prabhakarrao my father is also expired in June,2009. After 6 months of my fathers death we have made application to Revenue Mandal office for transfer of property which was on my father’s name to my name with no objection certificate from my mother who is staying with me.
Property is transferred on my name in 2010 (since myself & my mother are only legal heirs to my father) & I have became Patedar in revenue records (Received PattaBook on my name) & I have continued the holdings on Land by myself since expiry of my father.
My Grandmother(Prabhavatibai) also has one OLD House(more than 100 years) on her name (which she has received from her parents & hence her name here on this property is shantabai D/O Bapurao Maturkar) in near by Town which is located in Karnataka(on border of AP), in which my mother is occupied 1/3rd portion & my uncle & his children occupied 2/3rd portion which is undivided till date.
Now, my Aunt Mrs. Leelabai Zolgikar & my uncle Bapurao Devgaonkar are saying that the division of property done by my grandmother was not proper & it should be divided again, they started giving trouble to my mother & me saying that we have to agree “as they want” the division of House(only one or two room they wanted to give my mother out of 10 rooms) & also some Land, otherwise they are threatening that they will go to court.
Pl. let me advise whether division (Disposal) made earlier by my grandmother is correct or wrong. As per my knowledge she has full ownership on her property (As per The Hindu succession Act 1956, section 14, & its amendment 2005, “Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes”.
Now since my grand mother & my Father both are not alive & after 15 years of land holdings, 6 years of formal division & 4 years after expiry of my grandmother & father, they now got this new thought & have started giving us trouble.
Also I want to know how much share my mother will get in the house which does not have the division till date.
Hear I would like to mention that my aunts Husband Mr. Bansidharrao is experience Lawyer(40 years experience) & he is giving all inputs(Ideas) to my aunt & Uncle, he is a main mastermind behind this, based on his support they have started giving us trouble. My father was also lawyer but he was practicing criminal side & left practice long back due to his illness (bad habitts), where as Mr. BansidharRao is still practicing civil cases. When my father was alive that time he never interfered in my parents house, but since my grandmother & my father are not their he started his interference in our house since my uncle Mr. Bapurao is almost illiterate.
Can we speak over Skype?I need some clarifications.I have read your comment many times and still need to clarify a few facts.
my Skype id is keerthikasingaravel,Mumbai.India
Respected Mam,
Please consider my case and provide me with guidance.
My grandfather has two sons and 4 daughters. The Elder son being my father. Since the very beginning he has been the bread winner for all of us(his as well his brother’s family). Now he is retired and has spent all his savings in buying land and building a house for all. But later on he has been dumped by his brother’s family and now they are asking for partition in which they claim for 2/3rd of share on all things. 2/3rd because they have sided the grandfather with them. Now the problem is with the house which has been built recently when my father was in job (2007-08). And it was built on a land which they claim is in the name of grandfather, so they are asking for 2/3rd of share of the house and the land on which it is built. However the facts are that all the property was created by my father during his job by his money, he also has documentary proof of the money spent on the construction. But whatever land he had bought even the one on which the house is built has been registered in the name of my grandfather. My father’s brother or any of his son/daughter (also my grandfather) has no source of income till 2009.
So there is no investment of there’s in any way.
Hence in this condition, i want to know what can be the legal implications while doing partition and if it is possible for my father to claim right on the house and land constructed and bought by his hard earned money. Please do give your valuable suggestions
Thanking you,
Yours Sincerely
If your dad can prove that he made all payments,then he can prove its self earned property and not have to give anything to anybody if he doesn’t want to.But he may have to explain why the property was registered in the name of the grandfather.Beware of your relations informing the authorities that its your dad’s benami property bought out of unaccounted money.So have accounts for your dads money and remind them that there is proof of their complicity in enjoying your dad’s money if they claim its illbegotten.
Thankyou Mam..
You’re welcome.
HI Sir,
Wanted to check,if a Hindu family person who is currently 28yrs old now .Claiming to be a minor at the time of sale,can claim a ancestoral property after 30yrs of a sale of property with a proper registration and agreement in place.
Below are the sequence of events,can anyone help me with the clarity pls.A person ( X ) who had sold all his property to my grandfather in the year 1982 with a intension of buying a property in a different location.Now,his sons ( A & B ) who is 28yrs and 30yrs is claiming the ancestoral property which was sold by their father,as they claim their are minor at the time of the event.
Can they claim NOW ?
Can they claim,when their is proper documentation ( Registration & Agreement ) with a sign and signature of Mr X ( their Father ) and Mr X’s mother ?
Can some one claim,they are minor when they were not born at the time of the sale or event ?In this case,the sons were not born at the time of event.
Please help me with a answer to the questions.
Regards,
Poonacha
I’m not certain you are right in classifying the property as ancestral.I don’t have the facts to determine that.But these people would have acquired rights in an ancestral property at birth only.So firstly they have no right to this property as they were not yet born.Secondly there re time limits before a person must take his case to court.After 12 years,in case od disputes, the possessor’s claim becomes stronger than that of the person having legal title to the property.And after 30 years all prior rights extinguish.
So your case is strong in law and the worst these people can do is threaten,blackmail and take extra legal action and your remedy is to approach the police.
I got a proprty in 2006 from a person who acquired it by self. Now he had purchased it from another person in 1980 (sale deed registered) when it was his ancestral proprty. Can the first party’s heirs claim the property now after 33 years? Pl help.
Im in bangalore.
No.More than 30 years have passed.
My father and his two brother(my 2 uncles ) togather acquired a residential property, my father died in 2002, i have a brother. My first uncle is alive and second uncle died unmarried in 2005 therefore no son/doughter as LRs. When my second uncle died, one of my fourth uncle was alive but not connected with this property.
I would like to know as per Hindu successation act who all are entitled for his share of property as leagle hiers for my second uncle when he did not had his own wife/son/doughter/sister/mother/father alive.
Your first uncle and fourth uncle will get the share.
I have met 3 to 4 lawyers but they have different view so I’m confused. I want to tell you chronological events that have taken place.
1) My Father’s cousin brother Shri SK Patil (My grandfather’s brother son) married my mom’s own sister in 1962. My father’s name is DT Patil.
2) My mother’s father bought a site in name of my father’s cousin Mr SK Patil in 1963(sale deed in my father’s cousins name Mr SK Patil)
3) My parent’s marriage took place in 1974.
4) My Grandfather (Father’s, father) died in 1976. My grandfather had one brother. My grandfather and his brother had their self owned property together. After my grandfather’s death, my grandfather’s brother divided property in two parts and gave half property to my father and his brothers (which in turn my father divided among himself and his two own brothers). (All divided property got recorded in individual names in revenue office).
5) In 1982 my mother’s father bought another site in my father’s cousin name.
6) In 1984 my father’s cousin was told to transfer the 1st property to my father.
7) To avoid the sales tax, they made an affidavit in court that, as they both come from same family and had made family settlement before(but actually their was no settlement made), and as per the family settlement by mistake instead of Mr DT Patil (my father) in records it has come as Mr SK Patil, so it should be changed to Mr DT Patil.
8) According to this affidavit the site got registered in my father’s name.
By all these events does it become ancestral property? Can my father make will on my name? Are there any other options of transfer?
Given the stated facts this property can in no way be considered ancestral property.Of course your dad can will the property to you or gift it or in case you are the only child and your father has no dependents,even in the absence of a will you can be declared the legal successor.
nice one….very informative…where to find sections and acts regarding the same..
I got the info for this article from talking to my advocate.The sources are the Indian Succession Act,The Personal Laws of various communities,The Hindu Succession Act and various case laws.Perhaps going through the bare acts will help you find the sections.However if you have real life problems relating to properties might I urge you to consult a lawyer?You will not regret the small expense.
Very clear and lucid exposition the most misunderstood concept.
Thank You
nice one
Thanks
Nice to read
Very informative article.