Ancestral property vs self earned

Ashish Sir I am very thankful to you for your very precious time & prompt reply.

Actually I am very tensed, fighting for the rights of a handicapped person.

Who is a victim of other family members' dominance.

I have attached a word file here, which can save your valuable time to answer my doubts.

I am eagerly waiting for your reply.

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My doubts are as follows:-

1) The property came to Person A from B (from brother & that too 50% via sharing the property on oral terms & 50% as a legal heir of person B after death). So can it be called as a self earned property of person A?

2) Person C has given all the property to person Y through a registered WILL.

Whether, Person C had the rights to prepare a WILL related to the mentioned property?

(I think the property was not ancestral for person C as the clause of 4 generations invalid)

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Waiting for your valuable reply

Thanks & regards

Ganesh Kulkarni (Mumbai)

9920029235, 9223344662, 9920668841

Find the attached word file for above reference.

Dear Mr Kulrarni and Ashish 

I think the law relating to encestral proerties and self acquired property is not so simple and easy.

1. No condition of 4 generations.  Property self acquired by father is encestral for his son.
2. These words are not meant to HIndus only so the consept of HUF and its division is not necessary at all.
3. Ancestral property becomes self acquired when actual division takes place but all the self earnings are already self acquired.
4. If self earning in by using ones own skill then only it is self acquired. If the income is earned by use of family business or property or goodwill it is part of common pool property.
5. Property inherited from any body is self acquired property. No list required as stated. because one get property only when actual succession takes place. Untill then he is having only notional share.
6. Property obtained by will is transfer ultra vivos and by will is transfer intra vivos. The both are not inheritence. 
7. And the examples are out of my wits.
8. And I am thankful to you both.

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I agree with Advocate Davessar.

Dear Sirs

The Arunachal Mudalier case is some what different.

It says that if a father transfer a property to a son by way of gift, will it be considered son's absolute and self acquired property or it will be treated as ancestral property?

and the SC answered that it depends on intention of doner.

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