vishak (manager) 23 July 2014
Dear experts
Mr A is having 60 acre land in karnataka and have 3 son (x,y,z) & wife. A has got this property thru his own purchase (not inherited)
Now he has executed a will to distribute the property equally to x,y & wife.
i) Can Z claim any share in it ?
ii) If suppose out of 60 acre land, A had purchased 20 acre from his sources and 40 acre is ancestral (inherited from A's mother) , then is it possible for z to claim any share in this case ?
Please guide ?
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 July 2014
Dear,
If A is Hindu and the property was self acquired, then he can dispose of the property the way he wishes, but if the same has been acquired with any amount out of the an ancestral property from the father side and not from the mother side, it will still be considered to the self acquired property, because of the simple reason that mother's never create a coparcenary, in effect the property acquired by A becomes his seprate property .
Advocate Kapil Chandna
9899011450
vishak (manager) 23 July 2014
Dear Mr Kapil / experts
some error was in point no II
property was inherited from A's grand mother
please guide
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 July 2014
Then the case would be all togather different and it will become the ansectral property, since the court in cases where the ansectral property was merged with the self acquired property, believe that the same could have been done with the intention to get the same merged with the self acquired property (provided some circumstances be shown of the father's intention to merge the self acquired into ansectral).
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