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Subramani (Farmer)     26 August 2024

Ancestral property or self acquired property in hindu law

My grandfather purchased (self-acquired) 10 acres of land. He inherited 5 acres of land from my great-grandfather. 
My father purchased (self-acquired) 6 acres of land. As my father is the only child of my grandfather, he inherited 15 acres of land from my grandfather after his demise. 
Now, my father died in an accident, and we are partitioning the property among the legal heirs. Of which one legal heir released his share in our father's property for consideration due to his urgent need. This was an open settlement among the family members while my father and grandfather were alive, and we wanted to help him out of his business loss.
Now, he wants a share again in the property under the claim that he gave up only the rights in our father's self acquired property but on his grandfather's property as grandfather was alive at that time. The release deed reads that he is releasing his share in father's self-acquired property for the consideration taken from the family members.

When our father inherited the property from my grandfather after his death (without any will or document, only on legal heir certificate being the only son and child), will it be considered self-acquired or ancestral as per Hindu law? 
What is the area of ancestral and self-acquired property by law in my father's name?



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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 August 2024

It is ancestral property and your brother with the other legal heirs has equal rights over the property.

T. Kalaiselvan, Advocate (Advocate)     27 August 2024

The property inheruited by your father from his father will be considered as his self acquired property and not ancestral property.

After inheriting it he had  transferred the property records to his name which concludes that it is his self acquired property.

P. Venu (Advocate)     27 August 2024

Any meaningful suggestion requires that the so-called relinquishment deed be perused and issues discussed.

The facts posted suggest the properties to be self-acquired.

Admittedly the said deed was signed when the grandfather and father was alive. At that point of time 10 acres belonged to the grandfather and 5 acres to the father. There was no property vested with the brother which he could have relinquished.

Further,  who had paid the alleged consideration for the so-called relinquishment deed? Was the deed duly registered?

 

Subramani (Farmer)     27 August 2024

Our father paid the money for the release deed, which was registered in a sub-register office.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 August 2024

Both your father and grandfather were alive at the time the relinquishment deed was signed by the legal heir. In a way your father forward sold part of the property that he then possessed in exchange for the relinquishment. There are two things to be noted here. (1) Instead of getting a relinquishment from the legal heir, your father could have made a will excluding the legal heir from the will.(2) As your grandfather was also alive then, your father had no right to commit your grandfather's property. Though your father was the only child of your grandfather, your grandfather could have willed his property in any manner that could have excluded your father. When the relinquishment deed was made some calculations would have been made as to how much amount was paid and what would be the value of  possible share of legal heir in your father's property. If amount paid was excessive you survivors would not have agreed. So the legal heir has a share in the property that then belonged to your grandfather. The question of ancestral property or self-acquired property does not arise here.

I know similar cases in our family circles. When it comes to the rights on ancestral property, brothers, sisters and brothers-in-law, in particular, become enemies and even murders take place.  In Tamil there is a proverb "Don't care if my brother-in-law (wife's brother) dies. Both the rugs will then belong to me."


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