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Author Topic: HINDU ANCESTRAL PROPERTY SUCCESSION  (Read 1280 times)

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Rajam Kandasamy

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HINDU ANCESTRAL PROPERTY SUCCESSION
« on: November 03, 2015, 02:31:01 PM »
In 1975 my father got an ancestral property (12 acres of cultivating land) as his share through a partition settlement (among his brothers & father).  My father is a farmer, cultivating the above land. In 1992 he additionally bought 5 acres in his name out of the income of this ancestral property.  We, 3 daughters (d1, d2, d3) and 2 sons (s1 & s2) are the children to my father. All are married. (d1 is having 2daughters.  d2 is having 1 son and d3 is having 2 sons,  S1 is having 2 daughters+1son, S2 is having  1daughter+1son.  Now my father wants to write a ‘WILL’ in order to give more shares to his male children.  My question is ....

  1)   If a Hindu purchases a new property in his name out of the income of his old ancestral property got by him through partition settlement, then the new property is whether his self acquired property  or  ancestral property.

  2)   In order to avoid the female children getting equal share like male children, is it possible for a Hindu father to write a ‘WILL’ for the ancestral property and for the new property purchased by him (in his name) out of the deliberately known income of the old ancestral property got by him through partition settlement.

Please advise us right way of dividing the above said properties legally.

Thanks & Regards

Offline advkkreddy

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Re: HINDU ANCESTRAL PROPERTY SUCCESSION
« Reply #1 on: November 03, 2015, 07:47:18 PM »
Yes your father can make a will than the partition of property will be as par the will.

Not as par succession act
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Offline adv.amarnath

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Re: HINDU ANCESTRAL PROPERTY SUCCESSION
« Reply #2 on: November 03, 2015, 09:52:15 PM »
Answer to your query no. 1
It will be deemed to self acquired property

Answer to your query no. 2
Yes, presently you father is owner of the property which he has inherited as well as purchased. Question of purchasing by the money arise out of ancestral property or by its liquidation, it is irrelevant before law.

*** It is very blunder on the part of your father then he has disclosed his intention for executing a Testamentary Document. Actually it is a secret document where non of the beneficiaries should know about his bequeath and/ or intention.

***Now, when he is preparing WILL then you cannot raise objection at this juncture. While at the time of getting probate then you can raise objection and others several objection procedures before court.

*** You can also suggest you father to make a settlement Deed to avoid future legal complication.

***If you are seeking for equal divide of his properties then it is not possible legally save and except by creating dispute or delay him from executing any sort of WILL or Settlement Deed or any other relevant testamentary document.
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Amarnath Sanyal
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Rajam Kandasamy

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Re: HINDU ANCESTRAL PROPERTY SUCCESSION
« Reply #3 on: November 04, 2015, 02:34:40 AM »
Thank you very much for the valid advice and opinions given to me

Regards

Rajam Kandasamy

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Re: HINDU ANCESTRAL PROPERTY SUCCESSION
« Reply #4 on: November 05, 2015, 10:30:00 AM »
Dear Sir,

I need one more clarification .......

Actually this property was inherited successively by the father of my Great Grand Father, then by my Great Grand Father, then by my Grand Father and then by my father.  I don’t know which forefather is the first owner who purchased the property. To my knowledge my father is the fourth (or may be higher) generation in the same line of Hindu Family. All succession took place by relevant partition settlements.

If a property which is inherited successively (by four generation) is deemed as a SELF ACQUIRED PROPERTY”, then which property is called “ANCESTRAL PROPERTY”. Ie. What is the definition for Ancestral property”.   Would you please clarify my doubt.

Offline adv.amarnath

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Re: HINDU ANCESTRAL PROPERTY SUCCESSION
« Reply #5 on: November 07, 2015, 08:48:59 AM »
Property by Inheritance is called Ancestral property and Personally purchased from a vendor is called self acquired property.
Regards,

Amarnath Sanyal
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