Ancestral property is inherited over four generations and cannot be willed or sold without consent. Daughters now have equal rights. Rules vary across religions; only Hindus have birth-based rights.
An ancestral property, is a property, which is four generations old and has not been divided or partitioned by the previous three generations. One gets entitled to a share (inheritance) in ancestral property by birth, thus even father has no right to deny the share to sons and daughters in the ancestral property. However, the law governing ancestral property and its succession varies from religion to religion.
Here are some important points on ancestral property, as per Hindu Law. The share of each generation is first determined and the number of successive generations in turn has to sub-divide what has been inherited by their respective predecessor. But, if a property has been inherited from mother / grandmother / uncle or even one's brother, such property is not considered as an ancestral property.
How Hindu ancestral property will be divided among the successors? Partition can be made by a mere declaration to separate- partition by notice, conversion to another faith under Marriage Act, partition by agreement, partition by arbitration, partition by father and partition by suits. When a division / partition takes place between brothers, after partition they will take equal shares in the property. Under Hindu Succession (Amendment) Act 2005 even daughter(s) are entitled to a share in the property along with their male siblings. At present, a daughter has the same rights in the property of her father on par with a son. Daughters even have equal rights in ancestral property. The Supreme Court has clarified on Aug 11,2020 that daughters will have equal coparcenary (joint heirship) rights in a joint Hindu family property even if the father died before the Hindu Succession (Amendment) Act, 2005. Since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on September 9, 2005.The daughters are conferred the status of ‘coparcener’ whether they were born before or after amendment to Hindu Succession Act 2005 in the same manner as a son with the same rights and liabilities. Coparcener is a term used for a person who assumes a legal right in parental property by birth only. The verdict also makes it clear that the amendment to the Hindu Succession Act, 1956, granting equal rights to daughters to inherit ancestral property, would have retrospective effect.
Can the head of a family sell the ancestral property without the consent of other family members? No, one needs to get the consent of other members of the family to divide or sell the property. Can one consider a property gifted by his father as an ancestral property?No ,Property gifted by the father to his son could not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father. It remains as a self-acquired property for you. If this property remains undivided for next four generations, even then it will not be considered as an ancestral property. Can one include his share in ancestral property in his Will? No , ancestral properties cannot be willed selectively, ignoring few legal heirs, as each one of your legal heir has the right to get a share in the property. These rules are not applicable to a self-acquired property and such a property can be disposed of in any manner. There is also a question whether illegitimate children can inherit the ancestral property. They can only acquire a share in self-acquired property and not in the ancestral property. It is also pertinent to know If a Hindu person converts to other religion, will that person have a claim in parental property and can that person inherit the property? A Hindu convert does not lose the right to inherit property under the Hindu Succession Act, 1956. But the children of such a convert will not be able to inherit the property from their grand-parents.
We also need to understand the concepts of ancestral property in other religions. Under Muslim Law, there is no concept of ancestral property (or) right of inheritance by birth. A person can leave behind a Will on any type of property. The legal heir can inherit any type of property only on death of the owner of the property. The succession rule for the Indian Christians is governed by the Indian Succession Act, 1925. There is no concept of ancestral property under the Indian Succession Act. All types of properties owned by an Indian Christian can be willed away by him/her by executing a Will.
It is very clear that law treats both types of properties (ancestral & self-acquired) very differently. Therefore, it is very important that you identify a property as either self-acquired or ancestral one, so that you can plan division of your Estate to your legal heirs. In case, you are a legal heir, identifying the type of property that can help you claim a rightful share in your family라이브 바카라 ancestral property.
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