Self-Acquired Property Passing To Son As Class I Heir Under Hindu Succession Act Remains Individual Property; No Coparcenary With Son's Children Arises
Self-acquired property of a Hindu male, upon his death after commencement of the Hindu Succession Act, 1956, passes to his son as a Class I heir in the son's individual capacity. It does not constitute coparcenary property between the son and his children. Under Mitakshara law, no member of the coparcenary — including male issue — acquires any interest by birth in self-acquired property of the holder. The character of property in the hands of a son depends on its character in the hands of the original holder. Property received by inheritance or gift of self-acquired property does not automatically become ancestral property in the hands of the recipient.
