Legal Guide

What is A Self-Acquired Property?

by Bhavya Choudhary · 3 min read

Self-Acquired property

Introduction

The property bought with an individual’s own money is called self-acquired, and the property inherited from paternal ancestors is ancestral. The individual with a Self-Acquired Property enjoys various nights and benefits of ownership.

Owning a house can be intimidating with all the expenses and loan schemes. The average salary may not cover the lakhs and crores cost. There are multiple benefits of having a Self-Acquired Property that is absent in ancestral properties. The ownership is limited to ancestral inheritance.

Meaning of Self-Acquired Property

The property which an individual bought with their income is known as Self-Acquired Property. The individual has the sole rights on the property as he/she is the owner who used their money to acquire it.

Some properties are considered self-acquired under certain conditions. They are:

  • If the property is not acquired from any paternal ancestor but from some other individual.
  • The property is acquired by Hindus as it is divided during the partition of a joint family when there is no other heir for inheritance.
  • If a father gifts a property that he owns to his daughter during the marriage, then the property is called separate property or Self-Acquired Property.
  • If passed through ancestral property ventures, a Self-Acquired Property can become ancestral.

These points are to be considered while differentiating between Self-Acquired Property and ancestral property. This type of property is different from a joint property and coparcenary property. 

There is no indulgence of family funds or contribution when an individual owns a self-acquired property. The registered property is the legal proof that an individual is the owner of a Self-Acquired Property under Indian law. An individual should seek legal advice for the lucidity of laws related to property and inheritance as it can become intricate.

There are some ancestral properties too, which are considered to be under the Self-Acquired Property category.

What is the meaning of Self-Acquired Ancestral Property?

There are a lot of diverse properties under Indian law, and every property has its conditions, according to which it is owned by an individual solely or jointly.

  • The inheritance structure in a self-acquired ancestral property is that the ownership is changed from ancestral to self-acquired when each individual gets their part in an ancestral property through division.
  • They enjoy certain benefits and contribute towards management, taxes, bills, and maintenance of their part only. The individual who is a part of the inheritance tree in a joint family is the owner of the property by birth as it will naturally pass on to them after the death of the owner.
  • The chances of any complications or disputes are minimized in such cases of division as the owner handles their part solely. However, in some cases, many litigations may arise, and the owners may take necessary legal advice to dissipate the situation under law provision.

Sale and Transfer of Property which is Self-Acquired

The owner of a Self-Acquired Property can decide to sell or transfer his/her property according to their will as they have full rights of ownership.

  • In the Self-Acquired Property type, the property paper belongs to the sole owner only, which is their proof of ownership, as they can transfer it to anyone they wish to.
  • A daughter cannot claim a father’s Self-Acquired Property and the father will choose whom to pass it on to during his lifetime or after his demise. The sale or transfer cannot occur with the authority registered property paper.

Self-Acquired Property Ownership

There is a beneficial exclusivity over the Self-Acquired Property where the owner does not have to take permission from anyone to sell or transfer his/her property. 

The share does not decrease or increase,  and the rights remain the same. The inheritance structure is also straightforward in these cases.

Laws related to Self-Acquired Property

There are certain laws for Self-Acquired Property. The daughter’s rights in her father’s property or self-acquired:

  • A daughter can own the claim to her father’s ancestral property at any time during his lifetime or after his demise.
  • In the case of the father’s Self-Acquired Property, she cannot claim or own it as the owner may dispose of it according to their wish.
  • If a Hindu man dies without any testament or will, then the daughter can claim the Self-Acquired Property and other possessions he gained during the division.

Proving the Ownership of Self-Acquired Property.

According to Indian Law, the documents required to prove the ownership of a Self-Acquired Property are:

  • Sale deed original copy.
  • Payment evidence of sale consideration.

In the case of agricultural land:

  • Sale agreement of the agricultural land title.
  • Land Patta
  • Any property document proves that the transaction was made under the concerned authority.

Differences between Self-Acquired and Ancestral Property

There are notable differences between the two types of properties:

Conclusion

There is a complex authority structure in ancestral properties, but the Self-Acquired Property is free from such bounds as the owner can act freely to make decisions regarding their property because it is purchased with their income without any family contribution and interference.

The division and inheritance process can be demanding and multifaceted, so it will be a wise decision to make some legal consultation with a property expert lawyer before acting on anything regarding the property. The guidance and cooperation will help clear the queries efficiently.

Bhavya Choudhary

Written by

Bhavya Choudhary

Get Expert Legal Advice For

Property Matters

Enter a valid phone number

Related Articles

View MoreView More

Hi there 👋!

How can I help you?

whatsapp