How is ancestral and self acquired property is divided legally?


My grandfather in his will made the following divisions: 1. He gave one house to my uncle - This house was obtained by my grand father from his father as a gift in his father's will. 2. He gave his other self acquired (built himself) house to my father. From what i understand, the first division that my grandfather made to my uncle is not correct since it is an ancestral property. However, the second division that was made to my father is correct because this in a self acquired property. Is my understanding correct or are both divisions good in the eyes of the Indian law?

Answers (2)


236 votes

Hi
The property acquired by your grand father by way of will becomes his absolute property and he could have done anything with it .
There fore the first devolution of property to your uncle is legally correct.


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284 votes

Both the divisions are correct as the one which was given to your uncle was a gift from your grandfather to your father, even if it was ancestral property. The second division is also right as he could give his self acquired property to anyone. However we need to see the papers by which the properties are transferred.

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