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 in Family Law from Hyderabad, Andhra Pradesh
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 .
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.