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Gift a blessing!!


Gift a blessing!!

Gift a word that makes everyone happy, and the occasion, special or not so special if includes gifts that make us happy all life. Especially when the same is given by our parents.
Now those gifts have become a special way to show our love and gesture towards each other, property or Will have also become part of the gift, but this includes the legal aspects.

Nowadays the will or the property of ancestors are distributed among the members especially sons but, now the law says even the daughters are entitled to share the property or will in joint Hindu family property.



WHAT IS A WILL?

A Will is nothing but a document that records the wishes of the person who makes a will in respect of the distribution of his/her assets.

HOW CAN A WILL BE DISTRIBUTED?

A will can be distributed according to one’s desire.
The will needs to be signed by two or more witnesses in front of the person who made the will (testator)

WHAT IS ANSCESTORS PROPERTY?

An Ancestor’s property inherits any property from his parent’s ancestors up to 3 generations below him would get equal rights as coparceners according to Hindu Succession Act 1956.
Under Joint Hindu Family if the partition happens it becomes self-acquired the property in the hands of the family member who received it.

After the amendment in the act, daughters are also entitled to an equal share in Joint Hindu family property.


The question arises does the property that a son receives from his father remains self-acquired property in his hands?

When the father obtains or acquires the grandfather’s property by way of gift, he received it not because he is a son or has any legal hold to the property but only because his father chose him on any other person.

The interest which he takes in the property must depend upon the will of the grandfather.


How to define the property is or is not ancestral property?

While defining the property is or not an ancestral property depends upon both the relationship between the present and original holder and the mode of transmission.
The property only can be called an ancestral property if the present holder has got it being a son or descendant of the original owner.

Therefore the property cannot be considered as ancestral property given by the father to son just because the property was given to father by the grandfather.

Some facts:

  • When the property is divided through a partition deed, family arrangement, etc losses its ancestral character.
  • The rights in ancestral property are determined as per stripes and not as per capita.

  •           Property gifted through Will or Gift is not ancestral property.

  • Concerning the property law, a son may be disinherited from the self-acquired property of father but still will have rights over the ancestral property of Hindu Undivided Family.







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