Shubham Gandhi BAL/105/18

Project Topic: Ancestral Property acquiring status of Separate Property

Introduction

An ancestral property is a property acquired by your great grandfather (Hindu) which has been

passed down from generation to generation (your grandfather and father) up to the present
generation (you) without being divided or partitioned by your family. So, it must primarily meet
two conditions for the property to qualify as your ancestral property;

 The property should be four generations old &

 It should not have been divided or partitioned by the previous three generations.

Self-acquired property is the one that you have purchased/ acquired from your own income /
resources. It also includes property obtained or inherited as a legal heir or by Will or through
a Gift deed.

 You get a share (inherit) in your ancestral property by birth. In case of self-acquired

property, you can inherit only on the death of the owner of the property. If your father
owns a self-acquired property and an ancestral property, he has the right to exclude
you (son/daughter) from inheriting his self-acquired property. However, he can’t deny
your share in the ancestral property.
 If you would like to sell, dispose, or partition a property, are the rules for these two
different kinds of properties same? What about the rules concerning inheritance /
succession related to ancestral property based on your religion?

Objectives
1. To study & understand the concept of Ancestral Property under Hindu Law

2. To study & understand Concept of Separate Property

3. To learn all the changes made by the Amendment of 2005 Act, and instance where
Ancestral Property acquire the status of Separate Property.

Literature Review

INTRODUCTION LAWS OF INTESTATE AND TESTAMENTARY SUCCESSION IN

INDIA Kusum & Poonam Pradhan Saxena

The book contains vast topics and explanation relating to concept of Ancestral property and mark
all the instances where ancestral property become Separate.

Research Questions

Q. What is difference between Ancestral and Separate Property?

Q. Can Ancestral Property changes into Separate Property?

Scope and Limitation

The Study is limited to Indian law.

Methodology

This research will follow the doctrinal mode of research and will be based on review of various
articles and papers.

Chaptalization

This project will be divided into the following 5 chapters-

1. Introduction
2. Ancestral Property: All About
3. Separate Property
4. Ancestral Property into Separate: Amendment Act of 2005
5. Conclusion