Introduction:
The Hindu Succession Act, 1956 does not define either ancestral property or self-acquired property. However, there are myriad of judgments which clearly define the property and its method of succession. Let us have a look at a few interpretations to understand the position under Hindu law.
Ancestral Property:
Ancestral property is also known as coparcenary property. Coparcenary property is owned by the family together. Each member of the family has equal right to this property. The family includes the males and females of the household. Each of the family member has the right to the ancestral property by birth.
Self-acquired Property:
Self-acquired property is property bought by a person out of their own funds. If a person has self-acquired any property, they have the right to distribute it as per their wish. For distribution of self-acquired property, one can draw up a will or a family arrangement expressing their wishes. It is not necessary by law for a father to give his self-acquired property to his legal heirs or children. In case a person passes away without writing a will, then the self-acquired property will be distributed as per the succession laws applicable to them.
Conclusion:
Over the years, families have seen disputes to distribute and ascertain right over properties. The judiciary has therefore made an effort to clarify the stance of succession of ancestral property and self-acquired property despite the complex situations and intricacies involved in the distribution of the same.
It is clear though that one has an inherent right over the ancestral property of their family. However, one can ascertain this right only when the property is being partitioned, sold, or being disposed off during the lifetime of their parents.
In case of self-acquired property, one does not have any legal right over their parents’ properties during their lifetime. However, if during their lifetime, the parents bequeath/handed down the properties to the children in writing, then the children become the rightful owners of such self-acquired property.
The content of this article is intended to provide general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
