Ancestral property
channa keshava
(Querist) 16 January 2014
This query is : Resolved
Dear Sir,
My father was in government service and he died in 1997 during service. My mother has bought a site from his death benefits like gratuity, LIC etc.
Please let me know is the site now become Ancestral property or the site belongs to my mother.
Is her children have the rights on the site.
Regards
Keshava
Advocate. Arunagiri
(Expert) 16 January 2014
I am of the opinion, it is Ancestral Property.
I am waiting for the comments from other experts.
Guest
(Expert) 16 January 2014
Since the property had been purchased in your mother's name she is the absolute owner and you cannot have any legal rights over it.Its at her sole ownership and she could do what she wants with it.
Rajendra K Goyal
(Expert) 16 January 2014
It is the property of your mother. Agree with the expert N.J.S.Rajkumar alias narasimha ji.
Advocate. Arunagiri
(Expert) 16 January 2014
In whose name the property is registered is not important, the big question is
" Self acquired or not"
If the property is registered in the name of X, but the source of funds is a common property / money, in this case, the property registered in the name of X is not self acquired.
My example applies to this query.
Guest
(Expert) 16 January 2014
The death benefits of your father is entitled to your mother only.You have no legal Rights over the property.
Guest
(Expert) 16 January 2014
When ever a property gets registered on a particular person by way of Sale Deed he becomes the absolute owner and source of funds doesn't arise in the transaction .
Advocate. Arunagiri
(Expert) 16 January 2014
I am just reproducing the rules for payment of gratuity and other benefits. As per this the
“ if there are one or more surviving members of the family as in *[clauses (i), (ii), (iii), (iv) and (v)] of sub-rule (6) of Rule 50, to all such members in equal shares;”
Central Civil Services (Pension) Rules, 1972
51. Persons to whom gratuity is payable
(1) (a) The gratuity payable under Rule 50 shall be paid to the person or persons on whom the right to receive the gratuity is conferred by means of a nomination under Rule 53;
(b) If there is no such nomination or if the nomination made does not subsist, the gratuity shall be paid in the manner indicated below -
(i) if there are one or more surviving members of the family as in *[clauses (i), (ii), (iii), (iv) and (v)] of sub-rule (6) of Rule 50, to all such members in equal shares;
(ii) if there are no such surviving members of the family as in sub-clause (i) above, but there are one or more members as in clauses *[(vi), (vii), (viii), (ix), (x) and (xi)] of sub-rule (6) of Rule 50, to all such members in equal shares.
(2) If a Government servant dies after retirement without receiving the gratuity admissible under sub-rule (1) of Rule 50 the gratuity shall be disbursed to the family in the manner indicated in sub-rule (1).
(3) The right of a female member of the family, or that of a brother, of a Government servant who dies while in service or after retirement, to receive the share of gratuity shall not be affected if the female member marries or re-marries, or the brother attains the age of eighteen years, after the death of the Government servant and before receiving her or his share of the gratuity.
(4) Where gratuity is granted under Rule 50 to a minor member of the family of the deceased Government servant, it shall be payable to the guardian on behalf of the minor.
Guest
(Expert) 16 January 2014
Here the mother had purchased the property in her name and she is the absolute owner of the property irrelevant to the sources what ever be the claim it may be.
Advocate. Arunagiri
(Expert) 16 January 2014
http://indiankanoon.org/doc/16639933/
In the above cited case, the Madras high court had indepth analysed the title holders right if the source of funds is common funds.
If the source of fund is a common fund, the legal heir is having the right on the property which was purchased out of the common fund.
So, title is immaterial, only the source of income is material. That is why we say "self acquired property or not"
Guest
(Expert) 16 January 2014
Here there is no question of common funds after 15 years.
