Introduction
The Hindu Succession Act, 1956 does not define either ancestral property or self-acquired property. However, there are a myriad of judgments which clearly define the property and its method of succession. Let us look at a few interpretations to understand the position under Hindu law.
Ancestral Property
Ancestral property is also known as coparcenary property. Coparcenary property is owned by the family together, and each member of the family has an equal right to this property. The family includes the males and females of the household, and each family member has the right to the ancestral property by birth.
Self-acquired Property
Self-acquired property is property bought by a person out of their own funds. If a person has self-acquired any property, they have the right to distribute it as per their wish. For distribution of self-acquired property, one can draw up a will or a family arrangement expressing their wishes. It is not necessary by law for a father to give his self-acquired property to his legal heirs or children. In case a person passes away without writing a will, the self-acquired property will be distributed as per the succession laws applicable to them.
Conclusion
Over the years, families have seen disputes over the distribution of, and right over, properties. The judiciary has therefore made an effort to clarify the position on succession of ancestral property and self-acquired property, despite the complex situations and intricacies involved in the distribution of the same.
It is clear, though, that one has an inherent right over the ancestral property of one's family. However, one can ascertain this right only when the property is being partitioned, sold, or disposed of during the lifetime of one's parents.
In the case of self-acquired property, one does not have any legal right over a parent's property during their lifetime. However, if during their lifetime the parents bequeath or hand down the property to their children in writing, the children become the rightful owners of such self-acquired property.
Disclaimer: The content of this article is intended to provide general guidance on the subject matter. Specialist advice should be sought about your specific circumstances.