Legal Question in Real Estate Law in India
Land is purchased by a Hindu person in North India through his own income.
Funds from own income utilized for construction of the house. However, another party claims that some portion of funds for construction of the house came from the sale of an ancestral property.
Questions:-
(a) what will be the status of the property in question; will it be a self acquired property or an ancestral property.
(b) If it is to be considered as an ancestral property, what all documents are required to prove that the said property is an ancestral property.
(c) What is the relevant act/ law that will be applicable to the above questions.Will Customary Law be applicable in this case.
1 Answer from Attorneys
It is a question of fact whether a given property is ancestral or self acquired. However, moneys received on partition or sale of ancestral property may be self-acquired.
Customary Law and Hindu Succession Act will both apply to the facts in issue.
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Land purchased by a Hindu from own funds in Northern India. House constructed from... Asked 10/15/09, 11:15 pm in India Real Estate and Real Property