The Supreme Court of India in the case of R.C. Cooper vs. Union of India [2] evaluated the concept of Property. In this case, the Court remarked that the word property encompasses both material things such as land, fittings, and immaterial things such as copyrights and patents.

In India, different laws selling with the property. The famous laws are the Transfer of Property Act, 1882, Partition Act, Indian Succession Act, etc. In this article we will be talking about these laws in outline and how they administer the property partition in India.

1. Self-Acquired Property

Self-acquired property is the property that a person acquires with his own hard-earned money and is not inherited by his ancestors. In addition, any property acquired by gift or will is considered as a Self-Acquired Property.

Self-Acquired property cannot be partitioned during the existence of the person who has acquired it. The person who has acquired the property can make a Will throughout his existence as to whom he needs to give his property. If the property owner of the property expires without devising a will, the property is transferred onto his Class 1 beneficiaries.

2. Ancestral property

Any property that is obtained by a person’s progenitors is known ancestral property. Such a property must be four ages old to be obtained by the person.

A person who is born in that family has a settled investment in the property, which means that he has gained the property by the virtue of his birth in the house and such property can be partitioned

An advocate who deals with such cases says, “The right of compulsory partition is the gift of common law given to all coparceners. This right comes into being not by choice but by God’s grace (stake). And therefore, such right must be respected.”

If you are too looking for an advocate who can help you through the property dispute matters, contact our team of lawyers who will help you in solving your legal matters like friends who understand professionalism.

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