- Date : 23/04/2023
- Read: 4 mins
If you are still determining how property claims are determined and about women's rights to ancestral property, our guide can help. Learn about how shares in the ancestral property are divided and inherited here.
Ancestral property is an inheritance rooted in Hindu Undivided Families (HUF), extending up to four generations of male lineage. The right to a share in the ancestral property is acquired by birth, and all coparceners or legal heirs, including daughters, have an equal right to it. In this article, we will provide a comprehensive guide to understanding ancestral property, including the criteria for inheritance.
What is ancestral property?
In Hindu Undivided Families (HUFs), ancestral property refers to an inheritance that can be traced back to four generations of male lineage, starting from the father and going all the way up to the great-great-grandfather. This property is expected to remain undivided until it reaches the fourth generation. Unlike other forms of inheritance, the right to a share in ancestral property is acquired by birth. Ancestral property may include self-acquired property (depending on the case's circumstances). If a property is divided through a partition deed or family arrangement, it loses its ancestral character.
What are the criteria for determining coparcener status within a HUF?
A Hindu Undivided Family (HUF) is a legal entity consisting of all the lineal male descendants of a common ancestor, their wives, and unmarried daughters. A coparcener (legal heir) in a Hindu Undivided Family (HUF) is a joint heir who shares legal rights for inheriting property, title, and money, according to the Hindu Succession Laws. This individual has the right to demand property partition and is always a member of the HUF. It is worth mentioning that daughters, too, have inheritance rights.
Who can make a property claim for ancestral property as per property law?
As per property laws in India, any descendant up to four generations of male lineage, including daughters, are considered legal claimants to ancestral property. This includes children, grandchildren, great-grandchildren, and great-great-grandchildren.
How to ascertain ownership stakes in ancestral property?
In matters of ancestral property, the share of each generation is first determined, and then the share of each successive generation is subdivided accordingly. In other words, each generation inherits from their ancestors, and property rights are passed down the family line in this manner.
Read article: Lost property papers? Get true copy back by following these simple steps..
What is the procedure to exclude particular coparceners from an ancestral property?
Some parents or grandparents may have a poor relationship with their offspring and may want to prevent them from inheriting ancestral property. However, excluding any male coparcener of the four-generation lineage from inheriting the property is not legally possible. They are automatically eligible for it.
Note: The Delhi High Court interpreted the amended Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2017, following the deletion of the term "self-acquired property" from the law. The court stated that the rule now allows a citizen/parent to submit an appeal seeking the ouster of their legal heir (son or daughter) from any property, whether immovable or movable, self-acquired or ancestral, tangible or intangible.
The above is in the context that senior citizens are ill-treated or harassed by their children/grandchildren.
What are the legal entitlements of women on ancestral property?
In 2005, the Supreme Court amended the Hindu Succession Act 1956 to allow women equal rights to ancestral property. The amendment stated that the daughter and father must both be alive on September 9, 2005, for the daughter to have these rights. This was amended further in 2018, so the daughter could still claim her rights even if the father had passed away before 2005. It is important to note that any property shares passed on to the daughter's son/daughter would no longer be considered ancestral property.
What is the procedure for disposing of ancestral property?
As per property law, all coparceners or legal heirs, including daughters, have an equal right to ancestral property. However, it is important to note that if an ancestral property has been partitioned among the coparceners, each coparcener has a right to sell their share.
If the ancestral property has yet to be partitioned or divided, and all the coparceners (legal heirs) agree to sell the property, they can do so by mutual agreement.
Also Read: 5 popular ways to transfer your immovable property.
It is important to note that ancestral property cannot be excluded from any male coparcener of the four-generation lineage. Additionally, any property shares passed on to a daughter's son or daughter would no longer be considered ancestral property. It is also crucial to know that if an ancestral property has not been partitioned, all coparceners must agree to sell it. It is best to consult a legal professional to guide specific property matters.
Disclaimer: This article is intended for general information purposes only and should not be construed as investment or legal advice. You should separately obtain independent advice when making decisions in these areas.
Ancestral property is an inheritance rooted in Hindu Undivided Families (HUF), extending up to four generations of male lineage. The right to a share in the ancestral property is acquired by birth, and all coparceners or legal heirs, including daughters, have an equal right to it. In this article, we will provide a comprehensive guide to understanding ancestral property, including the criteria for inheritance.
What is ancestral property?
In Hindu Undivided Families (HUFs), ancestral property refers to an inheritance that can be traced back to four generations of male lineage, starting from the father and going all the way up to the great-great-grandfather. This property is expected to remain undivided until it reaches the fourth generation. Unlike other forms of inheritance, the right to a share in ancestral property is acquired by birth. Ancestral property may include self-acquired property (depending on the case's circumstances). If a property is divided through a partition deed or family arrangement, it loses its ancestral character.
What are the criteria for determining coparcener status within a HUF?
A Hindu Undivided Family (HUF) is a legal entity consisting of all the lineal male descendants of a common ancestor, their wives, and unmarried daughters. A coparcener (legal heir) in a Hindu Undivided Family (HUF) is a joint heir who shares legal rights for inheriting property, title, and money, according to the Hindu Succession Laws. This individual has the right to demand property partition and is always a member of the HUF. It is worth mentioning that daughters, too, have inheritance rights.
Who can make a property claim for ancestral property as per property law?
As per property laws in India, any descendant up to four generations of male lineage, including daughters, are considered legal claimants to ancestral property. This includes children, grandchildren, great-grandchildren, and great-great-grandchildren.
How to ascertain ownership stakes in ancestral property?
In matters of ancestral property, the share of each generation is first determined, and then the share of each successive generation is subdivided accordingly. In other words, each generation inherits from their ancestors, and property rights are passed down the family line in this manner.
Read article: Lost property papers? Get true copy back by following these simple steps..
What is the procedure to exclude particular coparceners from an ancestral property?
Some parents or grandparents may have a poor relationship with their offspring and may want to prevent them from inheriting ancestral property. However, excluding any male coparcener of the four-generation lineage from inheriting the property is not legally possible. They are automatically eligible for it.
Note: The Delhi High Court interpreted the amended Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2017, following the deletion of the term "self-acquired property" from the law. The court stated that the rule now allows a citizen/parent to submit an appeal seeking the ouster of their legal heir (son or daughter) from any property, whether immovable or movable, self-acquired or ancestral, tangible or intangible.
The above is in the context that senior citizens are ill-treated or harassed by their children/grandchildren.
What are the legal entitlements of women on ancestral property?
In 2005, the Supreme Court amended the Hindu Succession Act 1956 to allow women equal rights to ancestral property. The amendment stated that the daughter and father must both be alive on September 9, 2005, for the daughter to have these rights. This was amended further in 2018, so the daughter could still claim her rights even if the father had passed away before 2005. It is important to note that any property shares passed on to the daughter's son/daughter would no longer be considered ancestral property.
What is the procedure for disposing of ancestral property?
As per property law, all coparceners or legal heirs, including daughters, have an equal right to ancestral property. However, it is important to note that if an ancestral property has been partitioned among the coparceners, each coparcener has a right to sell their share.
If the ancestral property has yet to be partitioned or divided, and all the coparceners (legal heirs) agree to sell the property, they can do so by mutual agreement.
Also Read: 5 popular ways to transfer your immovable property.
It is important to note that ancestral property cannot be excluded from any male coparcener of the four-generation lineage. Additionally, any property shares passed on to a daughter's son or daughter would no longer be considered ancestral property. It is also crucial to know that if an ancestral property has not been partitioned, all coparceners must agree to sell it. It is best to consult a legal professional to guide specific property matters.
Disclaimer: This article is intended for general information purposes only and should not be construed as investment or legal advice. You should separately obtain independent advice when making decisions in these areas.
