• 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.
Asked 4 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
45751 Answers
2692 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
22977 Answers
634 Consultations

5.0 on 5.0

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