Skip to main content

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.







Comments

Post a Comment

Popular posts from this blog

AS LONG AS YOU ARE ADAPTABLE,YOU ARE SAFE

CYBERWORLD Today the entire world is surrounded by technology and the internet. India is recorded as the topmost country, in the usage of technology. The entire physical business world is turned to e-marketing business. Thanks to technology, with a single click we get almost all the information on tips of our finger aren’t we lucky? We have been using technology for all the purposes right from business to education. Do you know there are many pros and cons while dealing with cyber and technology, to protect us from unwanted crimes and consequences, our Indian constitution enacted cyber laws? Cyber laws are enacted to deal with various crimes related to technology. The rates of cybercrime are on its peak to protect the citizen from online crimes, the Indian constitution enacted the Information Technology Act, 2000. https://www.facebook.com/advocateupadhyeandassociates/? Cybercrimes are nothing different than other legal aspects, whereas today all the business ar...
Post a Comment
Read more

Company Prospectus

                                                     The most basic benefit of company law incorporation is that it invites the general public to invest in them. A business with a rating of incorporation owes its establishment to either a special Act of Parliament or company legislation. A corporation is more than just a legal entity. It's more of a legal device for achieving a social and economic goal. As a result, it's a multi-faceted political, social, economic, and legal entity. As a result, the term "business" has been defined in a variety of ways. It is a method of cooperation and organization used in the functioning of a business. According to Lord Justice Lindley, an organization is "an association of several persons who contr...
Post a Comment
Read more

An insight into POSH Act

  In our country about 38% of woman have faced sexual harassment at work place and 68.9% has refrained themselves from complaining about it.  It became essential to introduce such law which protects women form such atrocities. Sexual harassment at work place curbs the fundamental rights of woman which are article 14,15 and most importantly article 21. POSH (Prevention of Sexual Harassment at Workplace) act was introduced years later the infamous judgement came in the case of Vishakha and others v State of Rajasthan , 1997. Where a woman named Bhanwari Devi a social worker was gang raped while she was working to stop a cruel practice of child marriage widely prevalent at that time. This act was introduced to prevent, prohibit and redress acts of sexual harassment at workplace and it made Vishakha guidelines even more robust. These guidelines were instated by Ministry for Women and Child Development on 9 December 2013. This act defines terms like workplace, the extent of law, a...
1 comment
Read more