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Author Topic: Ancestral property vs self acquired property  (Read 863 times)

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Offline sreeranjini_r

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Ancestral property vs self acquired property
« on: November 29, 2015, 01:01:50 AM »
My late Grand father ( died in 1995 ) acquired 2 properties

Property 1 - by family arrangement in 1940's
Property 2 - by settlement deed from his aunt in 1960's

My question is
1. Which of these properties would be ancestral and which are self acquired ? Please clarify
2. Can daughters claim a share in any of the above properties

Thank you in advance

Offline adv.amarnath

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Re: Ancestral property vs self acquired property
« Reply #1 on: November 29, 2015, 07:50:58 AM »
1. Non of those are self acquired properties. Self acquired property is those property which is being purchased by his own.

2. Grand daughters cannot claim. Daughters can claim but not in case of dwelling house in your case as per new judgement passed by Apex Court this month if you are guided by School of Mitakshara Law.
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline sreeranjini_r

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Re: Ancestral property vs self acquired property
« Reply #2 on: November 29, 2015, 05:37:36 PM »
Dear Sir, Thank you for the answer.

I didnt understand the term "dwelling house". Could you please throw some more light

For question 2 , I would like to add information that both the properties are 'residential' but currently no one is residing in property1 and all my family follow Hinduism.

In this case,
-- Can the daughters of my grand father claim share in any of the two properties ?
-- The case is ongoing in HC court. Will new decision be applicable ?

Offline adv.amarnath

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Re: Ancestral property vs self acquired property
« Reply #3 on: November 30, 2015, 08:17:35 AM »
Dwelling house means where all the male members/ co-sharers are residing in a house jointly.

As per new judgement passed by the Apex Court, daughters of your grandfather can claim in respect of the vacant property not in the dwelling house.

Apex Court judgement is applicable.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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