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The Economic Times
The Economic Times
Business
Neelanjit Das

Children can not have birthright to father’s self-acquired property even if he got it via gift, Will, family arrangement or partition in this case; Know what Mitakshara Hindu law says

In a recent ruling, the Karnataka High Court decided that just because a son inherits property from his father, it does not automatically make it ancestral property. This ruling is significant because once a property is determined to be non-ancestral, then it is classified as self-acquired, and children do not automatically have rights to it by birth. As a result, a daughter lost her claim to this property based on her birthright.

To explain further, the Karnataka High Court said that the daughter failed to prove that the properties in question were ancestral or coparcenary properties and the evidence on record, including admissions by her own witness, indicated that the properties had originally been purchased by her grandfather and were his self-acquired properties. Subsequently, they were allotted to her father under a family partition/arrangement.

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