My mother's self acquired property division
ramakrishna.r.b
(Querist) 09 April 2013
This query is : Resolved
My Grand father (mother's side)took loan of Rs 2000/- from his daughter (who happens to be my mother) when my grand father was ill, sometime during 1947-1950. He could not repay this loan instead he sold some property belonging to his fater( my great grand Father) to my mother in exchange of the loan taken, in 1954. This property has become my mother's self acquired property. My mother has got 6 children 3 sisters and 3 sons. All 3 Daughters borned before 1950 and all 3 sons borned from 1950 onwards (including me ). My mother died intestate in 1996. Now we are selling the self acquired property of our mother. My father died in 1994. As per law how this sale proceed has to be distributed. Who gets how much share ?
Incidentally my 2nd elder sister ( among 3 sisters stated above)died in 1999 leaving her 2 childrens who are sons. Does these 2 children of my sisters who are our nephews get any share in the sale proceeds of my mothers self acquired property, if so, how much ?
This property is in Bangalore.
I request experts to answer me so that it should be haslle free.
Thanks to all expert lawyers well in advance
Anirudh
(Expert) 09 April 2013
Since it is a self-acquired property of your mother, all her children (3 daughters and 3 sons) would get equal share in the property left behind by her.
The share of the deceased daughter will further get equally shared by the deceased daughter's children.
ramakrishna.r.b
(Querist) 09 April 2013
how division will be done if it is ancestral property
Anirudh
(Expert) 09 April 2013
So, you are not interested in honest legally tenable answer.
You are looking for some answer which may suit your interests!
(When the property is not ancestral property, where is the question of examining on a hypothetical basis assuming that the property is ancestral property?)
Adv k . mahesh
(Expert) 09 April 2013
if a father dies leaving self-acquired property his son will inherit it absolutely. The grandson cannot claim it as ancestral because it was inherited under the Hindu Succession Act. In every instance it should be determined if a property was inherited by succession (Section 8), survivorship (Section 6) or by testamentary (Will) succession.
Properties inherited from mother, grandmother, uncle and even brother are not ancestral properties. Property inherited by Will and gift is not an ancestral property. Selfacquired property can become ancestral property only if it is thrown into the pool of ancestral properties and used in common.
