When can we call a property an Ancestral property?
Ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
So, it has to primarily meet two conditions for the property to qualify as your ancestral property;
The property should be four generations old & it should not have been divided or partitioned by the previous three generations.
What is a Self-acquired property?
Self-acquired property is the one that you have purchased or acquired from your income or resources. It also includes property obtained or inherited as a legal heir or by Will or through a Gift deed.
You get a share (inherit) in your ancestral property by birth. In the case of self-acquired property, you can inherit only after the death of the owner of the property. If your father owns a self-acquired property and also an ancestral property, he has the right to exclude you (son/daughter) from inheriting his self-acquired property. However, he can’t deny your share in the ancestral property.
Concepts of Ancestral Property & Hindu law
The property should have been acquired by your great grandfather and no partition has been done. It should not have been divided by the members of a joint Hindu family as once a division of the property takes place, the share or portion which each member (Coparcener) gets after the division becomes his or her self-acquired property. The right to a share in ancestral property comes by birth. The share of each generation is first determined and the successive generations, in turn, have to subdivide what has been inherited by their respective predecessor. Kindly note that if a property has been inherited from your mother/grandmother/uncle or even your brother, such property is not considered ancestral property.
How Hindu ancestral property will be divided among his successors?
The partition can be made by 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. If there are 3 brothers then each one will take 1/3 of the share in the property.
Can daughters inherit Hindu ancestral property?
Yes, 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. Supreme court judgment daughter right share in property Hindu succession act ancestral property inheritance pic
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 after the death of the owner of the property.
The succession rules amongst Indian Christians are governed by the Indian Succession Act, of 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.
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