Defination of self acquired property..
Parteek gupta
(Querist) 14 August 2018
This query is : Resolved
If any property after the death of grandfather distribute between in his son and daughter. After mutations his sister give haque tyag patar in favour of his brother so it consider as self acquired property or forefather property please give your opinions...
K Rajasekharan
(Expert) 15 August 2018
The property in question is sister’s property transferred to her brother and not of grandfather’s as of now.
It is equivalent to self acquired property, but not ancestral property, for all practical purposes.
Guest
(Expert) 15 August 2018
If mutated in the name of your sister, it can be treated as self acquired property.
Hemant Agarwal
(Expert) 15 August 2018
1. Once property of Grand-Parents are divided and handed over to the Son & Daughter, such property will lose status of Ancestral /Fore-Fathers Property, for any & all purposes.
2. By virtue of the above, the property received & held by the Son & Daughters, shall be classified as Self-Acquired property, which can be Sold /Purchased /Gifted /Transferred /Donated, in any manner, whichsoever, for all legitimate purposes, without any reference to anybody.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista
(Expert) 16 August 2018
I endorse the opinion and advise of expert Mr. PS Dhingra.
However, I partially agree with expert Mr. K Rajasekharan and Mr. Hemant Agarwal since the share of property has been received by the sister by succession (inheritance) from her ancestors. After mutation and in consequence of relinquishing her title/ right in favour of her brother, status of the property in the hands of brother shall be "self-acquired".
Kumar Doab
(Expert) 16 August 2018
Which personal law applies in your case?
Are you all Hindu?
Confirm!
Kumar Doab
(Expert) 16 August 2018
Is the said Hak Tyag Patra another term for Relinquishment deed?
Is IT registered?
Or is IT valid form as per LOCAL revenue codes/rules?
The property that devolves by Hak Tyag Patra (relinquishment deed) should be of nature self acquired.
You have posted that property was mutated and said Hak Tyag patra was signed thereafter.
The nature of property for brother would be self acquired.
Kumar Doab
(Expert) 16 August 2018
Ancestral Property; the property that is four generation old…………… 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.
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
The property that is purchased from self earned funds, inherited by WILL, gift, devolves by inheritance inherited from mother’s side, brothers, uncles etc …… may be of nature self acquired.
Also pursue some judgments e.g;
Supreme Court of India
U.R.Virupakshaiah vs Sarvamma & Anr on 17 December, 2008
Author: S Sinha
Bench: S.B. Sinha, Cyriac Joseph
https://indiankanoon.org/doc/1103123/
Kumar Doab
(Expert) 16 August 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. The authority might have obtained consent/signatures of legal heirs for mutations. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
Apparently as per information in query NO valid WILL surfaced and mutation was done properly and is known to one and all..
Parteek gupta
(Querist) 16 August 2018
Thanks everyone for your valuable advice .........regards
Apka parteek
