• Son acquiring a share of his father's property through mother

F died intestate leaving behind his wife W ,son S and daughter D.Thru a partition deed house property of F was divided as 2/3 for son S and 1/3 for wife W. Daughter was given share in some other assets.Now W also died intestate .
1) The 1/6 ( 1/2 share of 1/3) that son S gets out of W property, is it ANCESTRAL or SELF ACQUIRED property for son ?
2) Daughter D relinquishes her 1/6 ( 1/2 share of W's 1/3) of house property in favour of brother 'S '.Now this 1/6 house property in the hands of son 'S' is his ANCESTRAL or SELF ACQUIRED property.
PS REDDY
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
on death of father all his legal heirs would have 1/3rd  share in self acquired property . it appears partition deed was executed wherein son got 2/3rd share and mother 1/3rd share in property . on mother death her 1/3rd share has devolved son and daughter equally . it would be self acquired property of son . similarly on daughter relinquishment share received would be self acquired and not ancestral .
Ajay Sethi
Advocate, Mumbai
26207 Answers
1425 Consultations
5.0 on 5.0
1. In terms of the partition deed, the share which son S got is his self acquired property.
2. Similarly, the share relinquished by daughter in the property of her mother W in favour of her brother is the self acquired property of son S.
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
16576 Answers
153 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
26207 Answers
1425 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13232 Answers
281 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6511 Answers
72 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3731 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3015 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
948 Answers
64 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1994 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0