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.
(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.