What is meant by Self Acquired Property and Ancestral Property? स्वअर्जित संपत्ति और पैतृक संपत्ति I خود حاصل شدہ جائیداد اور آبائی جائیداد میں فرق

 In Indian Law, there is difference between a Self acquired and an Ancestral Property, so for claiming a rightful share in the property, you have to identify the nature of property whether it is a Self acquired or an Ancestral. 

 

Self Acquired Property

Any Property which is not a part of Joint family property is termed as Self-acquired Property. 

      

Conditions of Self Acquired Property

As per Law, the property acquired by the following sources is considered as Self Acquired Property: 

➤The property which a person acquired by his own efforts without the help of any family members. 

➤The property which a person not acquired from his father, grandfather or great grandfathers i.e. his parental ancestors. 

➤The property which is acquired by way of gift by the father to daughter in marriage. 

➤The property which a person acquired after the partition of joint property. 

➤The property which is acquired or inherited as a legal heir or by WILL or through gift deed. 

➤The property which a person acquired by grant of government directly. 

➤The property which a person acquired from his own income & resources.

    The Supreme Court of India , in the matter of Maktul Versus Manbhari & Others , AIR 1958 SC 918 , held that “ the only property that can be called ancestral property is property inherited by person from father, grandfather and great-grandfather. This implies that only that property which has flown undivided across four generations is called ancestral property. Once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property and become Self acquired property.

 

Right of owner of a Self Acquired Property

➧Owner has full right to deal with the property in any manner, i.e. right to sell , transfer by way of gift deed, a WILL , and none having right to claim. 

➧Owner has full right to dispose of the property i.e. he can transfer his property to any person and even a stranger. 

➧Owner has full right over the property and his legal heirs cannot claim any right during his life time, and only after the death of the owner of the self acquired property his legal heirs can claim a right.

 

Ancestral Property

 A property which has been acquired from father or grandparent is generally known as Ancestral property.

We can define the Ancestral Property as; 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. 

Legally, an Ancestral property is the one which is inherited up to four generations of male lineage without dividing and partitioning the property by the previous three generations.

 

Conditions of Ancestral property

👉An ancestral property must be continued for four generations and passed down from generation to generation. 

👉An ancestral property must be undivided by the family members. 

👉A person has his right over the ancestral property by birth. 

👉The properties acquired from mother, grandmother, uncle or brothers are not considered as ancestral property. 

👉Properties inherited by WILL and Gift are not Ancestral Property. 

👉A person cannot transfer an Ancestral property by way of a WILL or gift deed as per his own choice and without taking consent of other members of the family. 

👉The properties acquired from the maternal side are not an Ancestral property. 

👉A self-acquired property can become ancestral property, if it is thrown into the pool of ancestral properties and enjoyed in common. 

The head of a Hindu undivided family (HUF) has power to manage the family assets under the Hindu Law, but he has not right over the Ancestral property, and each coparcener is entitled for getting his /her share. 

 

Concept under Muslim Law:

Under Muslim Law, there is no concept of Ancestral property or right of inheritance by birth and inheritance opens only on the death of a person.

 

 Concept under Christian Law: 

Under Christian Law, there is no concept of Ancestral property, and the Christian Law of Succession is governed by the India Succession Act, 1925. An India Christian can execute a WILL for all types of properties.

 

Conclusions:

 If your great grandfather acquired an ancestral property then after his death it should pass to your grandfather, and after his death it should pass to your father and his siblings, but if your grandfather divides the ancestral property to your children then this property will convert into a self-acquired.

When more than one person enjoys a self-acquired property, then it becomes an Ancestral property, and this property cannot be sold without getting the consent of all persons. 

However, Delhi High Court in the matter of Rajeev Behl Versus State & Others, 178(2011) DLT 253 ruled that, A harassed parents can evict their children from any kind of property. 

Further, with an amendment in the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, now a senior citizen can apply for eviction of their sons, daughters and legal heirs from the property of any kind i.e. movable or immovable, ancestral or self-acquired, tangible or intangible.