Does it comes under ancestral /self acquired
suresh babu
(Querist) 03 September 2014
This query is : Resolved
Sir,my father self acquired a property in 1975 from his own income, later he died in 1999 feb. living with out any will or partition. in 2001 we 5 brothers & my mother shared our fathers property.
now my question is the share which inherited to me does attracts ancestral property status for my son & daughter,do it attracts 2005 hindu succession act to my daughters.
what, can i dispose or sell or will it to any person with out my childrens concent.
Sir please clarify my doubt.
V R SHROFF
(Expert) 03 September 2014
NO , You cannot dispose or sell or will it to any person with out your children consent.
Anirudh
(Expert) 03 September 2014
The property which you received after the death of your father in the instant case is your separate property. This is not ancestral property in your hands.
Therefore, you can do whatever that you want to do with the property. YOU DO NOT REQUIRE ANYBODY'S CONSENT/PERMISSION. HSA Amendment 2005 has nothing to do with your fact situation.
Your son(s) / daughter(s) have no right or share in the same and hence their consent is not at all required.
Kumar Doab
(Expert) 03 September 2014
Agreed with Mr. Anirudh.
It is believed that property was partitioned and shared.
In your life time you can give it to anyone as it pleases to you by gift/sale...................deed/WILL
ajay sethi
(Expert) 03 September 2014
agree with MR anirudh
suresh babu
(Querist) 04 September 2014
Mr shroff,I agree with your reply. can you please explain in brief so i can understand.
Mr anirudhji,as replied by you about the HSA amendment act 2005, what is the fact situation in my case. Thus it affecting cut of date about any alination or disposition has taken place before 24/12/2004 a daughter has no rights in coparcenary property is applying in my mentioned case or else any other maters. please clarify.
K.K.Ganguly
(Expert) 04 September 2014
1. The said property is not ancestral property of your son or daughter,
2. Had it been the great grandfather's property of your son/daughter which was never partitioned/gifted/willed/settled, then it could have been called ancestral property of your son/daughter,
3. This is your property which you can safely sell without taking any consent from your son/daughter.
Dr J C Vashista
(Expert) 05 September 2014
I agree with expert Mr. Anirudh, well advised.
T. Kalaiselvan, Advocate
(Expert) 07 September 2014
@Suresh Babu, The reply by expert Mr. Shroff is by oversight and incorrect, probably he mistook this property to be ancestral in nature. From the contents it is clear that the this is not ancestral property hence there is no question of coparcenery rights in it. Therefore you have full rights to dispose the share inherited by you in the manner and desire you wish to, you do not have to obtain the consent of your children or your wife for disposal. I agree with the views of experts above.
