Women self-acquired property
Munish Kumar Garg
(Querist) 28 November 2012
This query is : Resolved
Hello members
I am the appellant before the High court challenging Judgment and Decree passed by the lower courts below, as both the courts below decided against me and in favour of respondent. I am attaching the copy of the Grounds of Appeal with the Judgments and decrees passed by both the courts below.
My grievance is that the ld. courts below had comes to an conclusion that the grand-mother of the appellant, who inherits the property upon the death of her husband i.e. the grand-father of appellant, is not her self-acquired property and deems to be clothed with the character of Joint Hindu family including the land which was inherited by appellant from his father and who inherits the same from his father.
As per law, the land which was acquired by an Hindu women becomes her self-acquired property (as per mutation was attested in her favour) but in the instant case that was not so held by the courts below and comes to an conclusion that the land which was inherited by her (grand-mother of appellant) bears the same character of ancestral property as per Excerpt report and also it is mixed up with the other Ancestral property which was inherited by all remaining legal heirs out of the share of their father who inherited the land from their father. And it was also held by both the courts below that the land being mixed up is now in HOTCH-POTCH condition and thus cannot be said that this is her separate self-acquired property and gives the shape of the land which was inherited by her from her husband (who is grand-father of appellant) is Joint Hindu family property being ancestral in nature.
My query is that how can I regal out of this finding so that I can show to the ld. High court Judge that the land is not ancestral property and cannot be accounted with our ancestral property in HOTCH-POTCH way.
Please give me some citations in this regard.
Thanks
Munish Kumar Garg
Advocate
Ph: 09812345165, 08054945165
Download link of the RSA file:
http://www.sendspace.com/file/sepmhb
niranjan
(Expert) 28 November 2012
Though I have not gone through attachment,but from the facts narrated by you, I feel that court decision is correct because,entries in revenue record do not confer title,except the fact that name of your grand mother was inserted in revenue record for that property not as an heir of your GF but by way of partition.If she acquired that property by way of partition,she was absolute owner and looses the character of ancestral property.
Raj Kumar Makkad
(Expert) 29 November 2012
I have not found any word of partition as used by Niranjan in your query. No doubt, if property inherited is divided among legal heirs of deceased then it attains the status of self acquired property and if this is the matter with the properties of your grand ma then the conclusion of Niranjan is absolute, however, what I have semtl from your query is that the property inehrited from your grand father to your grand mother was her personal property as it is presumed that your grand father had not inherited it from his forefather and it was his sefl acquired.
If this is correct then property in the hands of your grand ma was her personal property.
There is no attachment here so unable to comment further.
