(a)
Ancestral Property is a property that has remained unpartitioned in the family for 4 generations
Any property that has devolved to a person which actually belonged to his father, grand father & great grand father is the ancestral property,
In simple word if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property.
(b)
As per HSA section 6,
When a son (daughter also after HSA 2005) is born to a male Hindu holding Ancestral property -> father + son entitled jointly and equally all rights over the property
Based on (a) and (b),
Great Great Grand Father -> self acquired property "X"
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Great Grand Father
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Grand Father
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Father -> Now, father is said to be holding an ancestoral property X
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Son, Daughter -> has "birth" right on X (Father, Son, Daughter equally share right on X)
So Son / Daughter has BIRTH right on unpartitioned Paternal Great Great Grand Father's self acquired property --> does this single line statement holds good ??
What does Great Great Grand Father has self acquired property X means ?
- purchased X by his own labor
- Inheried X as its heir
- Got X via will
- Got X as a share being one of the coparcener becomes his self acquired property after the partition
- Got X by "birth right" on his father's ancestral property after partition. This one is like "recursion" back to 10 generations :-)
Can the experts give me green signal of my understanding ?
Thanks,
Suresh
