Yes, it will become your self acquired property.
Inheriting father's self-acquired property
My father passed away without leaving a Will for his self-acquired property in Hyderabad, India. We are five siblings and I inherit 1/5th of that property. Will that become my self-acquired property or will it treated as Ancestral property?
Asked 13 hours ago in Property Law
Religion: Hindu
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14 Answers
The five of us wanted to give the property for development of flats. So, in our service agreement with the builder, do we need to get our children's consent?
Asked 13 hours ago
I am being told that " On the death of the father, his self acquired property devolves upon his children in equal shares. Upon Devolvement, the said property is an ancestral property in the hands of the children, as such under Mitakshara Law, the grandchildren get a right to the said property of their respective Father/Mother, by birth." Does this even apply to my case?
Asked 13 hours ago
As per Hindu Law, ancestral property is the property that has been passed by the family for atleast 4 generations without being divided.
As you have stated, the property in question is the self-acquired property of your father then upon his death in case there is no will, the property will be suceeded by his first class legal heirs that will include widow, daughters and sons.
So, as you have stated above you all are 5 brothers, so the property will be divided equally among you 5 and son and daughter of your brother will have no birth right over it.
Is Mitakshara law still being used for cases such as mine?
Asked 10 hours ago
On father demise you have one fifth share in father self acquired property
inherited property is not ancestral property
You don’t need children consent to enter into development agreement with builder
It is not ancestral property
You are at liberty to enter into development agreement
Your share out of your father's self acquired property upon inheritance will become your self acquired property.
The consent of your children for development agreement or even sale of your share in the property is not required.
No, you have been misinformed about it, it becomes your self acquired property only
Upon your father's intestate death the property inherited by the legal heirs of the deceased will be their self acquired property only.
The five of us wanted to give the property for development of flats. So, in our service agreement with the builder, do we need to get our children's consent?
Ans. No. You have full right to alienate/sell your share anytime during your lifetime.
- As per law, after the demise of your father intestate, his property would be devolved upon all his legal heirs equally.
- Since, there is five siblings then your share is 1/5th , and this will be considered as your self acquired property and not ancestral.
- No consent is needed from the children being the self acquired property .
- Ancestral property is a property which is acquired by a great grandfather and passed down undivided to the next three generations up to the present generation of great grandson/granddaughter.
As of now, it is self acquired.
Great grand children
Property after death of father in the hands of sons becomes their ancestral property, all the major sons have to sign the agreement with builder and get it registered. Minor grandsons are not required to sign the agreement. Law applicable in A.P./Telangana is mitakshara.
