Although the sons acquired by birth rights equal to those of a father in ancestral property whether movable or immovable, the father has a special power of making gifts of movable property within a reasonable limit without the consent of the sons for the pious purposes as prescribed by law and through affection.

A Hindu father or the managing member has power to make a gift within reasonable limits of ancestral immovable property for “pious purpose”. But this must be within his life-time and by a will. He cannot dispose of ancestral property by will even for the pious purpose and even of the negligence portion of the property.

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(a) Property received through obstructed heritage is not an­cestral property because it is not inherited from any one of the three immediate paternal ancestors, i.e., father, father’s father and father’s father.

(b) Self-acquired property of the grandfather in the hands of the father is ancestral property, because all property inherited by a male Hindu from his father or father’s father or father’s father is ancestral property. It is immaterial whether the property was ancestral or self-acquired in the hands of the deceased.

(c) Property acquired by a mechanic who has received spe­cial training is not ancestral property. This is not separate prop­erty of the mechanic according to the Hindu Gains of Learning Act, 1930.

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