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sonia_kumari (lecturer)     31 August 2016

Ancestral property vs. self -acquired

Dear Sirs,

 My great grandfather had purchased a plot of land after migrating to India after Partition. He distributed it amongst two sons only (out of total five) through gift deed. My grandfather was one beneficiary. He had 4 sons, and since 3 sons did not look after him or my grandmother and my father was my grandparents' sole carer for about 20 years, so my grandfather bequeathed the property to my father through a registered will. A part of the same had already been given to my father by my grandfather while he was still alive.
 
After my grandfather's death, the local authority transferred the property on my father's name after a probate (placing an ad in a national newspaper and getting no objection in the stipulated time period). However ,now my uncles have filed a suit against my father claiming their share stating that the property was ancestral property.
 
Kindly, answer the following:
1. What is the definition of ancestral property and self-acquired property in layman terms?
2. Can the above mentioned property be called ancestral or self acquired by my grandfather?
3. What is the definition of Hindu Undivided Family?
4. How strong is my father's position in the case?
 
Thanks a lot...
 


Learning

 5 Replies

adv.bharat @ PUNE (Lawyer)     31 August 2016

Self acquired it self indicate that the property earned by own hard work during his life span.

While ancestral property means the property received from parents i.e. without any own effort.

Yes the property is ancestral one in ur case.

HUF means no partition done between the family.

If u like my suggesation then give THANK on my progfile.

saravanan s (legal advisor)     01 September 2016

since the property is got through a will and also it's from your great grandfathers share it is considered to be the self aquired property of your dad.so your uncle can't lay any claim calling it as ancestral property.

Kumar Doab (FIN)     01 September 2016

Self acquired property of Great Grand Father disposed by him in his life time by valid Gift deed (Gift deed; as posted by you).

The gift was bequeathed by Registered WILL that was duly acted upon and NOC was also issued.

The merits seem to be on your side.

Since the suit has been filed contest it on merits.

 

P. Venu (Advocate)     01 September 2016

From the fats stated, the property is not ancestral. 

Kumar Doab (FIN)     01 September 2016

Engage a very able counsel specializing in revenue/property/family/civil matters and contest.


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