Meaning

Property acquired from any person other than his or her paternal ancestors. Property acquired by the Hindu as his share of the partition of joint family property provided he has no son in existence. Property gifted by the father to her daughter at her marriage is known as separate property or self-acquired property.In a self-acquired property, ownership is straightforward with the buyer being the sole owner of the property. As an owner, one can transfer or sell the property to anyone at any time

The Hindu Succession Act, 1956, states that any property that is acquired by a person himself, either by way of his own resources or by way of division of the ancestral property, is his self-acquired property. Similarly, a property acquired by virtue of being a legal heir, through a gift deed or ‘will’ etc. also comes under the category of self-acquired property. Property inherited from a deceased brother, uncle, etc. is also self-acquired property.

Types of self acquired or separate properties :

1. Property acquired by own exertion and not by joint labour with other members of family, without detriment of family property.

2. Property inherited by a Hindu from any one other than his father,grandfather or great grand father

3. Property obtained as his share in partition of a joint family property, provided he has no issue (Issue in family law means children. If children are there, then they would also obtain a right in the property by birth as prior to partition it was part of Joint Family Property. After partition the person along with his sons would constitute a coparcenary.)

4. Property devolving upon sole surviving coparcener – no widow in existence who has power to adopt or having child in womb.

5. Property obtained by gift or will–not made to propositor by father,G For GGF–made exclusively for himself not for benefit of family

6. Property obtained by way of gift of ancestral movable property by father by way of affection

7. Governmental grants

8. Joint Family Property lost and subsequently recovered without the help of joint family funds

9. Gains of learning

10. Income from separate property

11. Marriage gifts

12. Income from Joint Family Property allowed to a person for their maintenance – eg. Amount given as maintenance to widows

13. Benefit of insurance policy–premium paid from Joint Family funds but for benefit of the intended person only.

Bidari Basamma v. Kanehikeri Bidari Sadyogathappa, AIR 1984 NOC 237 (Kant.) – where acquisitions are made by propositions after severance of Joint Family status – then income from same – self acquired/ separate.

Who has rights on self acquired property?

Sons and daughters have the first right (as Class I heirs) over the self acquired property of their father if he dies intestate i.e. without leaving a Will and since both the son and daughter are also coparceners, they also have the legal rights to get shares in ancestral property.

Can self acquired property be challenged?

Yes you can challenge it. But before that some aspect has to be seen that is whether property was self acquired property of your father and if so then your father has absolute right to execute will under section 30 of Hindu succession act.

Can self-acquired property become ancestral property?

According to the Hindu law, properties can be classified into two types: an ancestral property and a self-acquired property. The self-acquired and undivided property of a person’s great-great grandfather becomes an ancestral property.

Conclusion:

One of the most vexed question under the Hindu Law, is, whether a property acquires the character of self-acquired property or ancestral property. This is important because, if the property assumes character of self-acquired, then it falls into the hands of his sons as not coparcenary property, but would devolve upon on them in their individual capacity. The Hindu Succession Act, 1956, states that any property that is acquired by a person himself, either by way of his own resources or by way of division of the ancestral property, is his self-acquired property. An ancestral property turns into a self-acquired property when it is divided among the family members who have raised a claim to it. As soon as the property division is documented, the property becomes self-acquired.