Hello,
I studied the Sec 8 of Hindu Succession Act 1956 related to one of my client's case. As per this section the property which Hindu person's legal heirs get after he dies interstate it becomes personal property of the legal heirs mentioned in Class I.
Hence it means whatever property is left by a person after his death to the next generation after 1956 will never get the character of "ANCESTRAL PROPERTY".
So does it mean the concept of ANCESTRAL PROPERTY as per Hindu Law is getting indirectly wiped out due to this section 8 of HSA?
I would specifically like to mention the following:
In Mulla's Hindu Law, Twentieth Edition, VolumeI, Chapter XII - Mitakshara Law the principles of the ancient settled uncodified Hindu Law are succinctly enunciated. The principles may be enumerated thus:(i) The property inherited by a Hindu from his father, father's father or father's father's father is ancestral property (unobstructed heritage as regards his own male issue). page 357
Views from experts in this forum will be highly appreciated.
Thanks
Jaya
