What is an ancestral property?
An ancestral property is a self-acquired property that can undoubtedly be claimed by a person if the property belongs to his/her grandfather. According to the Hindu law, it is an essential part of the inheritance of the property by the coming generation. It can be inherited for the coming four generations. The Hindu law states that any individual has the birthright of sharing its ancestral property after the death of its initial legal owner.
If the property initially belongs to the grandfather then the lawful owners of the property are his sons and his grandsons. The share of the father and the son will vary according to the will that is written by the ancestor.
Equal rights are given to both the sons and the daughters.
The Delhi high court has passed out a rule- the Hindu Succession Amendment Act (2005) which states that the sons and the daughters of the family have equal rights over the ancestral property. They can rightly inherit the ancestral property.
Some important facts about the ancestral properties:
The sons, daughters, granddaughter or the grandson have equal right to inherit the property by birth.
Anyone among them can demand the partition of the property and is also liable to sale the property simultaneously securing his or her share in the property.
The property of paternal ancestors is not to be sold without having the consent of the successors. But it can be reclaimed by filing a case in the court for partition.
None of the people can deny one’s share, and if someone denies one’s share then he/she can file a case and send a notice to demand his/her rights.
After the final process of partition, he or she becomes a lawful owner of the share that is received by each member of the family, and he or she becomes the sole owner of the property.
The maternal-property is not liable for partition and neither can be claimed as an ancestral property.
Along with the division of the property, the initial owner has the right to distribute the assets of the property but ultimately the share of each one is entitled and belongs to only him.
The ancestral property, cannot be sold without the consent of the successors and even no changes can be made to the property.
Sometimes the ancestor doesn’t make any Will, In that case, the property will be either legally inherited by the successor or the successor can file a suit in the court and claim his/her right over the property.
With the increasing cases of disputes over the property, the court has implemented certain laws that have made the access over the property very easy and also helped the coming generations to secure a better future for them and their generations. These laws have helped in maintaining transparency in the division and prevented the cases of family disputes over the property.