When does self acquired property become ancestral property ?

a) Inherited property only

b) Inherited property

c) one dies intestate, his property will be deemed as Ancestral property for all the legal heirs

d) Son's Son can claim the property as in it ancestral for him

e) mother, father, grand mother , grand father, great grand mother , great grand father

f) never 

Thank you ganesan ji. But my doubt isnt clarified yet ?. Actually can you plz give me the diff. between ancestral property and self acquired property. An ancestral property is at one point of time a self acquired property, right ??. I dont understand the last answer...

If Grand Father purchased a property in his life time, out of his self earning, then it is called as SELF ACQUIRED PROPERTY.

If Grand father, died with/without will/, then the property is to shared by the legal heirs. The inherited  property of your by the legal heirs is called as ANCESTRAL PROPERTY to the legal heirs. 

Since Grand father is ancestor to his legal heirs, his property

 or the property inherited through him is called as ANCESTRAL PROPERTY

thanx a lot ganesh sir, So what about son inherting the self acquired property of father ?. What is that property called ?. Moreover ancestors means one remote than a grand father, so it is great grand father right ??. But you have stated grand father; this i dont understand...

For example

Lets assume A  = Grand Fthr, B = Fthr, C = Son

Now A has s.a property  and B inherits it besides having his s.a property. Now B has s.a property and inherted property. Now can C inherit both  the s.a property and inherited property of B ??.

In simple terms plz do explain me which property can be inherited. Is there a lot of diff. between HINDU LAW and MOHAMEDAN LAW in this regard ??

Plz help. THanx in advance...

Property inherited by any ancestor is called as Ancestral property.

Degrees can be as many as.

Who purchased the property of his own income is only deemed as self- acquired property

Property inherited BY any ancestor is called as Ancestral property

It should be property inherited FROM any ancestor is called as ......, right ????

Dear Javid,

Categorisation of properties

 

• Acquisitions in his individual capacity, that can be described as his exclusively owned or separate property
• A share in the joint family property or co-parcenary property, that he holds with other members of the family.

Acquisition of separate property

 

• Property that is acquired by a Hindu in his individual capacity, without any detriment to the joint Hindu family funds, would be his separate property. It would include the following:

a)      ..

b)      …

h)      property inherited from any relation other than the father, father’s father or father’s father’s father (pre-1956); and

i)        property that cannot be called coparcenary property due to any reason whatsoever.

Ancestral or Co-parcenary property

 

• Prior to 1956, A property that a Hindu male inherits from his father, grandfather (father’s father) or great grandfather (father’s father’s father), would be ancestral or coparcenary property in his hands, with respect to his son, grandson (son of son) and great grandson (son of son of a son).
• This position has been substantially modified after the passing of the Hindu Succession Act, 1956

Property Received after Partition of Joint Hindu Family

 

• Where a coparcener (male member) separates from the joint family after effecting a partition, the character of the property with respect to his share, is coparcenary property with respect to his male descendants.  But with respect to his father and brothers, from whom he separates, it is his separate property.
• Where a single male Hindu obtains his share at a partition and separates, he holds the property as a sole surviving coparcener.  When he gets married, the property in his hands would be called the joint family property, and when he gets a son, his son would acquire a right by birth in this property.

Property inherited from the father under the Hindu Succession Act, 1956.

 

• The Hindu Succession Act was passed in 1956.  The Act specifies in the preamble, that it is intended to amend and codify the law governing intestate succession among Hindus.  It both modifies and codifies the Hindu Law.
• Section 4 also provides that any rule of Hindu law or custom, inconsistent with the provisions of the Act, would cease to have any effect and it is the statutory provisions that would prevail.
• A cumulative reading of both the preamble and of section 4 would show that wherever the classical law has been modified or abrogated by any provision of the Act, the law as given by the Act, will apply.
• Section 8-13 and Schedule I, lays down the law of inheritance regarding the property of a male Hindu. 
• On interpreting the provisions, the Courts including the Apex Court have affirmed and reaffirmed that the son inheriting the property from his father, grandfather or great grandfather, under the Hindu Succession Act 1956 would take it as his exclusive or absolute property, with no right of his male descendants over it.
• The classical law in this respect, therefore, stands abrogated.  Inheritance under the Act creates an absolute ownership in favour of the son.
• Post 1956, therefore the property inherited by a son from his father, under s-8 of the Hindu Succession Act 1956, would be his separate or exclusive property and his male issue will not have a right by birth, in this property. 
• The son does not inherit the property as the Karta of his branch, but does it in his individual capacity as the son of the intestate, and not as the representative of his male issue. 
• He retains the exclusive power of disposal of this property and his male issue is not competent to restrain him from doing it or to ask for a partition of the property.

The Moot Question

• Therefore, whenever the question arises to decide whether a particular property is ancestral property or separate property first the following is to be ascertained:
• Whether the property was inherited, or obtained under partition of joint Hindu family.
• If the property was inherited after the death of the ancestor), it is a separate property, even if inherited from father, father’s father or father’s father’s father. (father, grand father, or great grand father).
• On the other hand, if it the property has come to the share after partitioned i.e. during the lifetime of one's father amongst the members of a joint family, then it is a co-parcenary / ancestral property.  After the amendment to the Hindu Law, from 1.1.2005, even girls have been treated as coparcener and have equal right over such ancestral property.

thankyou Mr. Vishwanathan. i was confuesd about the principles. Nice contribution.

regards

vinod

I am sorry Mr. Ramachandran i wrongly typed your name as Vishwnathan.

In my opinion, the self acd property whether bequeathed or  acqd after anybody's death becomes one's ancestral property for all the genrations down

Sir, the question regarding my wife share in her  fathers ancestral property.

In 1965 her grand father  self acquired some extent of properties(fathers father) In 1975 her grand mother self acquired some extent of properties though she had no any source of income.(fathers mother).  her grand father  had also inherited some extent of properties from his father  in 1950.

now after the death of her  grand father in 1996, my grand mother , her 4 sons ( including my father} & 2 daughters  shared the above mentioned properties by final court decree in 1997, and made registered partition deed in august 2004. Her father dosent have any self acquired property.

sir,  her father have 7 childrens, (4 sons & 3 daughters.) Now in may 2014 her father  secretly executed his inherited share through regd. partition deed only with his 4 sons & left out his daughters with out any share.

sir , please clarify  that do i have any rights over the above mentioned properties or not.

A hindu grandfather made two big dwelling houses in 1927. He died intestate in 1961, he was survived by his widow, 2 sons and 2 daughters. Widow disclaimed the property. One of the two sons and two sisters jointly instituted a partition suit in 1973 in the civil court. The court allotted two shares- one share for elder brother and the other share for the younger brother in 1974. The sisters disclaimed their share during the pendency of the suit. The brothers took the possession of their respective partitioned shares in 1974. The elder brother died in 1977 leaving behind four sons and six daughters. The deceased elder brother's four sons combined and began to demolish one dwelling house and converted it into plots and sold out six plots clandestinely without associating their sisters as parties to the sale deeds. Sisters instituted a partition suit in May, 2005 in the civil court and obtained an injunction order  to maintain status quo, in respect to the remaining dwelling house. Suit is still pending in court.

My question are -

1. Is the deceased father's dwelling house obtained by him in partition is a self-acquired property or not?

2. What would be the effect of  the Hindu Succession (Amendment)Act, 2005 on the suit?

3. Opposite parties have taken stand that the dwelling house is ancestral property and they were born the lifetime of the grandfather. Hence, they are the heirs after the death of their father and sisters have no share in the said dwelling house. Is this stand of brothers tenable?

4. If the court partitions the dwelling houses and allots 1/10 share to each of the four brothers and six sisters, how the court will adjust one of the two dwelling houses, that has already been converted to plots and sold by the brothers?

 

My great grand father bought property. Died intestate and was inherited by his only son my paternal grand father. He too died intestate and the property passed on to my father and his brother. Both of them died intestate. For us their children is the property ancestral or self acquired? There had never been any partition. Will the females of the children get a share? What would be the share?

My great grand father bought property. Died intestate and was inherited by his only son my paternal grand father. He too died intestate and the property passed on to my father and his brother. Both of them died intestate. For us their children is the property ancestral or self acquired? There had never been any partition. Will the females of the children get a share? What would be the share?