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May 2018

How can one claim to the ancestral property

How can one claim to the ancestral property

In general terms, an ancestral property is a property or the land parcel that belonged to one’s ancestors. However, a resident in Mumbai is pretty doubtful whether he will be getting his share of the ancestral property, a farmland that was bought by his grandfather. Now, his father is planning to sell off the land without his consent. What exactly are the options to reclaim the share?
As per the law, the properties can be classified into two- an ancestral property and the self-acquired property. The ancestral property is, in fact, the self-acquired as well as the undivided property of the grandfather of a person.
Here is a list of essential facts pertaining to the rights to secure the share in the ancestral property-
What is an ancestral property?
Legally, an ancestral property is the one which is actually inherited up to 4 generations of the male lineage. The right to share the ancestral property accrues by birth itself, unlike other forms of the inheritance, where the legacy opens upon the death of the owner.
The share of father and son in ancestral property
The father who is the current owner of the ancestral property, as well as his son, has equal ownership rights over property. The share, however, of each generation which includes the father and his siblings is decided first after which successive generations have to subdivide portions that are inherited from the corresponding predecessor.
The share of sons and daughters in the ancestral property
Delhi High Court had ruled in 201 that the adult son had no legal claim on the parents’ self-acquired property. Where the house is a self-acquired house of parents, a son, whether unmarried or married, has no legal right to reside in that house and can reside in that house only at mercy of parents up to the time the parents allow.
Once the ancestral property is partitioned between the family members, it would cease to the ancestral property. The father has the choice to not will-out the self-acquired property to his son. This isn’t valid in the case of the ancestral properties.
The Hindu Succession Amendment Act, 2005 confers the status of the coparcener on the daughter giving them equal rights with the son on the ancestral property. Only the male members of the family were coparceners before the amendment which has modified Section-6 of original Hindu Succession Act 1956 that didn’t mention the rights of the daughters in coparcenary property.
Some facts about the ancestral properties
• The right to share the ancestral property comes by birth
• Properties of paternal ancestors can’t be sold without the consent of successors. It can, however, be reclaimed by filing the suit for partition in the court
• Coparceners including the daughters can look for partition and sale of the ancestral home and secure his or her share
• The property is regarded as the ancestral property provided it isn’t divided by members of the Joint Hindu Family
• Similarly, if the share is denied you can certainly send legal notice demanding the rights
• The properties acquired from the maternal side doesn’t qualify to be the ancestral property
• Once the inherited property is partitioned, the received share by each coparcener becomes her or his self-acquired property
• The head of the undivided family has the power to manage family assets under the law. But when it comes to the rights and ownership of the ancestral property, each of the coparceners is entitled to getting the share
Thus, as per the law, the son can claim over the ancestral property and ask for his share, no matter, whether the father is selling off the property or not.


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