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VIJAY KUMAR (Under Secretarym(Retired))     06 August 2014

Criteria whether property is ancestral or self acquired?

I am presently living in a property in Delhi which was allotted to my father as repatriate of partition of Undivided India (Forming Pakistan) in 1954. The property is still in my father's name and substitution/ mutation is yet to take place.  As I could see the papers it was in lieu of the properties left behind in Pakistan by my father.  I could also see some amount was also paid against the allotment of this property out of the claim amount fixed by the Rehabilitation Department of the Government at that time(1953-54).  The property is allotted on 99 yrs lease and it is still on lease as on date despite the facility of its conversion into free hold is available. My father expired in Feb., 1985, my mother expired in June, 2000. We are four legal heirs two brothers and two sisters. I am living alone in the property from June 2000 onward.  My elder brother is living and settled permanently in Bangalore since 1974.  Sisters are married in 1976 and 1987 respectively.  My questions are (a) whether this property is ancestral or self-acquired?; (b) whether Hindu succession (amendment 2005) is applicable in this case?;(c) whether I can undertake essential major renovation of the property as the same is an extremely dilapidated condition?   Please guide and help.  Thanks in advance.



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 1 Replies

B.T. RAVI (LEGAL MANAGER)     06 August 2014

A. If the property allotted by the government, that property nature is Self Acquired of your father.

B. If the property origin from the patrimony, that is Ancestral.

C. Since a property lease is still continuing that you have to wait till the completion of the lease to acquire the property right and you can renovate your property for the protection of your safety if the building was old.

D. File an application under RTI act to know the status of the lease period because of whether the lease period restriction modified by the Government notification or not?

E. Contact local lawyer to know the real status of the local law regarding your property.


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