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 2 months ago in Property Law
Religion: Hindu
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24 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 2 months 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 2 months 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 2 months 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.
Dear Client,
In the Present Scenario, your father had passed away without leaving a Will for his self-acquired property in Hyderabad, India. You are five siblings in total and each will inherit 1/5th of the share of Property. Your query is whether the property would be treated as Self-acquired or Ancestral Property. Firstly, Self-acquired property is a property which is acquired by an individual during his/her lifetime, from their own resources and not inherited from anyone else. On the other hand, Ancestral Property can be considered as a property that has been inherited from the previous generations, and is further passed on to the further generations. According to the Hindu Succession Act, 1956, in the absence of will, the property would be distributed as per the rules laid down in the Act. But with respect to the nature of the property, since the property is your father's self-acquired property, through his own efforts, and as the property has been divided among the siblings, it would retain the nature of being self-acquired property.
Hope you find this answer beneficial for resolving the dispute.
Mr. Ravi Shinde said 1) "Self-acquired property after death of the father in the hands of sons becomes their ancestral property" 2) "all the major sons have to sign the builder agreement". Now, the property is my father's self acquired property. And he passed away without leaving a Will. His wife also passed away. He left five children behind: 2 daughters and 3 sons. Does it mean: 1. Only the sons of my father sign the builder agreement? 2. Do the daughters of my father also sign the agreement? 3. What about the major grandsons and major granddaughters of my father? Do they also have to sign the builder agreement? 4. If grandchildren's consent is mandatory for the builder's agreement, can that consent be in the form of a separate agreement between the son and the grandson? 5. If Mitakshara Law is only followed in AP and Telangana, does it preempt women from acquiring equal share in their father's self acquired property?
Asked 2 months ago
1. The property devolved in your favour shall be deemed to be considered as your self acquired property in case the death of your father occurred after 2005.
2. Consent of children would not be required as the same as a self acquired property. Consent of the children would have been required in case of ancestral property
All the legal heirs of your deceased father who are entitled to succeed to the estates left behind him have to jointly sign the development agreement, which will include his daughters (it will also include the legal heirs of the deceased legal heirs, if any).
If the class I legal heirs of your deceased father are available then there is no necessity for the grandchildren to sign development agreement, they are not entitled to any share as a right if their respective parent is alive.
Section 4 of the Hindu Succession Act reads :
"4. Overriding effect of Act.- (1) Save as otherwise expressly provided in this Act -
(a) any text, rule or interpretation of Hindu Law of any custom or usage as part of the law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;
(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.
Section 6 of the said Act reads :-
"Devolution of interest in coparcenary property :- When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act.
For the purpose of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not."
In your case this proeprty was your father's self acquired property hence it is not an ancestral property in the hands of his successors in interest or legal heirs, therefore don't get confused by reading the provisions of the referred Mitakshara law, which may not be applicable to this situation
Let daughters also sign the development agreement
2) if it is ancestral property then grand children consent is also necessary
3) on father demise sons and daughters have equal share in his property
1. Yes
2. Yes
3. No
4. Not necessary during the life time of class I legal heirs.
5. No
It will not be ancestral property. It will be considered as inherited property.
1. You can enter in to development agreement with the builder.
2. Your children shall have no role to play here.
No, it is not an ancestral property. In case of Ancestral Property, its title flows for four generations with our being interrupted by any sale. gift, partition, Will etc.
Yes, both Mitaksara and Dayabhaga systems of succession of property is prevalent. But in case of inheritance of properties, daughters will have equal share with sons.
1. It is not an ancestral property as explained in my earlier post.
2. All the legal heirs i.e. the wife (if she is alive), sons and daughters of the deceased property holder will inherit the said property in equal proportion.
1. It is not an ancestral property as explained in my earlier post.
2. All the legal heirs i.e. the wife (if she is alive), sons and daughters of the deceased property holder will inherit the said property in equal proportion.