Hi Everyone. Suppose there are two persons A and B who are brothers. They have received the Agriculture property from their father C. The father C has inherited the Ancestral Property from his father D. Now the property from father C is divided and distributed to his sons A and B. If A and B got sons and daughters example E and F. if it is divided and distributed to his sons and daughters E and F from property of A and B. 1.What is ancestral property. what is self acquired property. How do I know if property is ancestral property or self acquired. 2.Does property of A and B is ancestral or self acquired property. 3.Does property of E and F is ancestral or self acquired property. Can sons or daughters claim in properties of E and F. Can son or daughters have the rights from his grand father property C. Please clarify the above.
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Property which has remained undivided for four generations is ancestral property
2) in present case inherited property has been partitioned by father
3) property which is acquired from own funds is self acquired property
4) grand children have no share in property during father lifetime
From your contents it can be seen that this property do not fall within the ambit of ancestral category property.
The father of A & B, i.e., C inherited the proeprty from his father D after which it becomes his own and absolute property.
Subsequent to the inheritance of their respective shares in the property by A and B, they became the absolute owners of their respective share of properties, hence this property cannot be termed as ancestral proeprty therefore the next generation children of A and B cannot claim any share in this property as a right, at least not during the lifetime of their respective fathers.
You assertion that, “They have received the Agriculture property from their father C” makes the property right from C down to e and f. Sons of e and f have every right to share the property coming from C. .
1. Ancestral Property is from Great Grand Father to Great Grand Son in the male lineage ( From paternal side ). In other words if the property has traversed for four generations without partition and is intact will be considered as ancestral property. On the other hand self acquired property is one which has been acquired by a person out of his own efforts and money.
2. The property in the hands of "A" and "B" is their separate property having the characteristic of self acquired property.
3. If the property is divided amongst "E" and "F", then the property in their hands will be considered as their separate property having the characteristic of self acquired property.
Thank you.
Then all the said property if is legally transferred and there are no other legal heirs who are deprived of their share in the said ancestral property will become the self acquired property of respective children.
Dear Sir,
1) Property inherited by a Hindu male from his father, paternal grandfather, and so on is ancestral property. The children, grandchildren, and great-grandchildren of the person receives their claim to a share in it by birth.
2) Once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property and becomes self-acquired property.
3) For example if before the birth of A and B children, if both sons had partitioned property then the property would have become self acquired property of both sons, and would have been equally divided between the father and both sons in 1/3. The children would not have had a right in their fathers self acquired property.
3) Since the property was inherited and not partitioned it is ancestral property.
4) If the property gets divided now then then E and F will have right to claim part from theirs fathers A And B 's Share of the ancestral property.
Thank you
