According to the law for Hindus, self-acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.
On the other hand, ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand-father, which then passes undivided down the next three generations up to the present generation of great grand-son/daughter. In short, firstly, this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self-acquired property. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.
So a brother can only claim his rights in the property of his brother that have been passed onto him by way of the nature of the property being ancestral, in such a case a brothers have equal right and can claim an equal share in such a property but when along with such an ancestral property, the question of claim of self-acquired property of a brother comes up, the legal recourse is pretty simple, as a brother cannot have a stake in the self-acquired property of his brother as in such a property, the brother claiming rights has not worked for the same and in such a case no interests arise.
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