It is an ancestral property where all of you have a share. Your grandfather too acquired it through his father.
The property comes under self acquired property or ancestral property
Currently all the properties are in the name of my Grand father. Both my grand father & grand mother are alive. My grandfather had got this property after instate died of My great grand father. My grand father has 2 sons. Younger one had died at the age of 20 years with out marriage. Elder one is my father.My father has 1 son (My self) and 1 daughter. I was married and I have 1 son & 1 daughter. My sister has 1 daughter. So the property will comes under self acquired property or ancestral property?. If it is self acquired property under which section it will come.
Asked 3 years ago in Property Law
Religion: Hindu
15 Answers
It will. Be ancestral if the same is undivided between your familiy for last 3 generation of male lineage.
Property which has remained undivided for four generations is ancestral property
2) as far as your grand father is concerned it is not ancestral property
3) property inherited on his father demise is not ancestral property
It's Ancestral property for your two children and for your sister's daughter. They have birthright in their great grandfather 's properties.
how can this even be answered?
you first need to ascertain how the property was acquired by your GGF
Whether it was from his own funds or from joint funds of a HUF
Without that information how can lawyers be asked whether the property is self acquired or ancestral
please do the home work on your part first. put up all the relevant details here and then post your query for better advise
This property is on your grandfather's name.
He inherited this property from his father, hence it becomes his self acquired property.
An ancestral property is a property acquired by your great grandfather which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by the family.
Since your grandfather had already inherited the property during his lifetime and has been in possession and enjoyment of the same as an absolute owner, it becomes his self acquired property and not an ancestral property.
Grandfather got property from great grandfather, it is absolutely ancestral property. Father being surviving son is sole inheritor of property. After father you and sister will share the property equally.
Dear Client,
As per the facts which have been provided, it is an ancestral property as your grandfather had already inherited the property.
Thank You.
As you say, your grandfather acquired the property from his father (your great GF) in intestate succession, it became his absolute and exclusive one, and not ancestral. Only a property which has been in common possession and enjoyment continuously for four generations without being partitioned is legally recognised as an ancestral one.
My grandfather had only son to my Great grand father. My Great grand father had two wives. By the time of great grand father death, his both wives are alive. After intestate died of my great grand father all the properties of my great grand father had transfer to my grand father (At the time of transferring of properties to my grand father both the wives of my great grand father are alive). So the property in in hands of my grand father is self acquired property or ancestral property?.
Asked 3 years ago
It is an ancestral property as they were transferred after the death of his father/great grandfather. It was an intestate transfer.
It is not ancestral property in hands of grand father
he is at liberty to sell his property during his lifetime
The property in the hands of your grandfather actually belonged to his father,
Your grandfather succeed to the said property as his sole legal heir, therefore he becomes the absolute owner of the property and it becomes his self acquired property with clear and marketable title to his name.
Therefore it cannot be considered as ancestral property in the hands of your father which he inherited from his father after his death.
Therefore your father can transfer this property to anyone of his choice and by any mode as he may desire, the other dissatisfied children cannot claim any share in the property as a right because it is not an ancestral property in the hands of your father.
From the facts you have presented here, it is not an ancestral property.
Dear Client,
As per the facts provided by you, it is still an ancestral property because Self acquired property is the property that you have purchased from your own income.
Thank You
It depends on whose hands it was last three generation