Anonymous
Asked April 11, 2017

Property share from father under Hindu law

  • 2 Answers
  • 475 Views

My father got some property from grand father by settlement deed, after that my father bought some more property during my childhood days. Will I get the property share from my father? I am a Hindu.

Answers 2

 

 

 

Dear Sir/madam,

As the name suggests, a Settlement Deed is a legal instrument which is in the form of a mutual agreement of the members of a family facing partition amicably. The existence of this deed ensures a mutual settlement of property share without approaching the court. However, for this deed to be valid under law, needs to be duly Registered paying the desired stamp duty. It can be executed during the lifetime of the party receiving it.

As far as the devolution of property in a Hindu family is concerned, the ancestral property gets distributed among all the children of your father in equal shares. However, the property acquired by your father in his individual capacity if his own and absolute. Such a property does not form a part of the ancestral property. For a property to qualify as an ancestral one – it should be four generation old i.e. Property inherited by a Hindu from his father, father’s father or father’s fathers’ father. One’s right to claim a share in the ancestral property is accrued from his/her birth. It is this property which goes for partition and not otherwise.

When this property (that your father bought from his own money) devolves upon his grandchildren upto 4 generations then this self acquired property of your father becomes ancestral to your children’s grandchildren. As of now, it’s upto his sweet will to give you a share or the whole of his self acquired property by way of either Gift or through a Will. This can be done in the pursuance of Section 30[1] of the Hindu Succession Act, 1956 which talks about Testamentary succession

But if the property that devolves from your grandfather to your father was actually your grandfather’s father’s property then it becomes your ancestral property with your rightful claim in it. This right can be claimed at the time of partition or a Settlement Deed.

 

[1] Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925, or any other law for the time being in force and applicable to Hindus

Agree Comment 0 Agrees over 3 years ago

U will get only that property which your father got from his father , u can also claim for that property as your father can not sold or dispose inherited property without ur consultation. Property earn by ur father will depend upon ur father will whom he choose to give.

Agree Comment 0 Agrees over 3 years ago

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