When does an ancestral property turn into self-acquired property for a person?
When does ancestral property on division, turns into self-acquired and beneath which Act or part?
—Name withheld on request
Based upon the understanding of the question, we assume that individual asking the question is ruled by the private legislation relevant to a person of Hindu faith. Originally, previous to Hindu Succession Act, 1956, coming into power, the legislation on succession was ruled by the customary legal guidelines relevant to Hindus, significantly the Mitakshara School of legislation.
Mulla in his commentary on Hindu Law (twenty second Edition) has acknowledged that “All property inherited by a male Hindu from his father, father’s father or father’s father’s father, is ancestral property”. The essential feature of ancestral property according to Mitakshara law is that the sons, grandsons and great grandsons of the person who inherits it, acquire an interest, and the rights attached to such property at the moment of their birth”. Further, the daughter was entitled to restricted share within the coparcenary curiosity of her father not having share as a coparcener in her rights. They have been unable to inherit the ancestral property like sons/male counterparts. The Mitakshara coparcenary legislation not solely contributed to discrimination on the bottom of gender however was oppressive, and negated the elemental proper of equality assured by the Constitution of India.
However, with impact from 9 September 2005, the date of enforcement of the Amendment Act, the daughters turned coparceners by delivery, in their very own proper with the identical legal responsibility within the coparceny property as if she had been a son. This is the present place confirmed by way of the Supreme Court Judgments.
Now, beneath Hindu Succession Act, 1956, the time period “Ancestral Property” is just not outlined.
As the legislation declared by the Supreme Court is binding on all courts in India and there being an absence of any specific provision beneath Hindu Succession Act, 1956, the sphere associated to an ancestral property on division turning into self-acquired might be acknowledged to be ruled by the legislation declared by the Supreme Court by and beneath its numerous judgments.
Aradhana Bhansali is accomplice, at Rajani Associates.
Catch all of the Business News, Market News, Breaking News Events and Latest News Updates on Live Mint.
Download The Mint News App to get Daily Market Updates.
More
Less
Subscribe to Mint Newsletters
* Enter a legitimate electronic mail
* Thank you for subscribing to our e-newsletter.
First article
