The Concept of Ancestral Property Acquisition Broken Down

Discover the intriguing world of ancestral property in India, where generations of history and cherished memories reside. In this blog, we delve into the legal, emotional, and financial aspects of inherited estates. Explore the significance and complexities of ancestral property, a treasure trove of heritage and sentiment.

One can get (or) own a real estate property in 3 distinct ways. You can buy a property (or) gain property through a Will (or) inherit via inheritance. Additionally, it is also known as self-acquired property after the division of a joint Hindu family as the government issues laws on “the concept of the ancestral property right.” The name highlights that the people of the next generation in this property type automatically obtain the ancestral property right. 

This traditional property is proposed as part of coparcenary property as it includes property descended from your father, or great-grandparent or has been sold for three generations. Both self-acquired property and ancestral property rights are segments of different property laws. Individual property is the second category of property under Hindu law for ancestral property law within which the opposite members of non-blood relations transmit the property. While in some cases with legal consent and under specific conditions ancestral property can be gifted, it's generally considered inheritance for all coparceners.

The ancestral property, meaning/ancestral property right in dictionaries, is explained as a property that has been gained from the parents and is recognised by the court. Another definition of ancestral property is that a property transmitted from a father or grandparent is called ancestral property. 

There have also been supreme court judgments on traditional property, in connection with factors such as the daughters right in ancestral property, succeeding the supreme court’s rulings on women’s right in ancestral property.” This also admits the traditional property rights and partition deeds of ancestral property about the segregation or the sale of ancestral property rights.

When can we call a Property an Ancestral Property?

Ancestral property acquired by your great-grandfather (Hindu) has been passed down (your grandfather and father) to the present generation (you) without being partitioned by your family. There is also a women’s right to ancestral property.

So, it is principal to meet two conditions for the property to suit your ancestral property;

• The property should be four generations old.
• The prior three generations should not have had the ancestral property partitioned.

Self-acquired property is one that you have purchased from your income/resources. It also adheres to property inherited as a legal heir or by will or a gift deed.

By birth, you get an inheritance in your ancestral property. Your father cannot deny your share of the traditional property when he holds both self-acquired property and ancestral property. However, he has the right to debar you, that is, his son/daughter, from inheriting his self-acquired property. 

What about the regulations concerning inheritance/succession related to the ancestral property or partition deeds in traditional property based on your religion? Read on to find out more.

The ancestral property, meaning/ancestral property right in dictionaries, is explained as a property that has been gained from the parents and is recognised by the court. Another definition of ancestral property is that a property transmitted from a father or grandparent is called ancestral property. 

There have also been supreme court judgments on traditional property, in connection with factors such as the daughters right in ancestral property, succeeding the supreme court’s rulings on women’s right in ancestral property.” This also admits the traditional property rights and partition deeds of ancestral property about the segregation or the sale of ancestral property rights.

We often hear people commenting that we own an ancestral property or talking about ancestral property rights’ or about partition deeds in the ancestral property, so what is the difference between self-acquired property and ancestral property?

Ancestral Property Under Hindu Law and Partition Deeds as per the Hindu Law

Below are some critical points on ancestral property/ancestral property meaning;

• As per ancestral property law, it should have been originally owned by your great-grandfather, and no ancestral property partition has been done prior.
• It should not have been divided by joint Hindu family members and not contain any partition deeds of ancestral property. Once a property division occurs, the share or portion that each member (Coparcener) gets becomes his or her self-acquired property.
• The share of each generation is first dictated, and the successive generations have to divide the inheritance. 

Note that if a property has been inherited from your mother/grandmother/uncle or even your brother, such property is not considered an ancestral property (ancestral property meaning) Also read about Coparcener and his Property Rights in a Hindu Undivided Family.

Laws Laid Down by the Supreme Court (Supreme Court Judgments on the Ancestral Property)

The following are supreme court judgments on the ancestral property/partition deeds on the ancestral property for ancestral property law.

• After the death of a male Hindu, if he was interested in Mitakshara coparcenary property, his share in the property will be delegated to remaining living family members, 
• The second exemption engrafted on the statement is held in the provision to section 6 in context to supreme court judgments on the ancestral property, which states that if such male Hindu dies, leaving behind a female relative, the property goes to this surviving family member. 

Types of Ancestral Property

1. Property that has been Inherited from the Father’s Side of the Family

It is called ancestral property, when the property has been inherited from the great grandfather to the grandfather and then to the individual’s father, and finally to the said individual. 

Therefore, the word ancestral property is defined as processed into a diminished property of a father from his male ancestor in the male line, and in that right, only there are sons. Now, the heiresses also receive a share equal to that of her father. This is regarding property obtained from a great individual grandfather, though property acquired by will from other relatives is not ancestral property. 

2. Property Inherited from a Maternal Grandfather

The following two decisions of the privy council shed light on the principle of Hindu law, ruling property gained from a matrilineal grandfather is portrayed. 

In Venkayamma v. Venkataraman Amma (1905 25 mad. 678), two siblings living together as a joint family received some property from their matrilineal grandfather. When one of them died, leaving the widow behind, the widow would not accept the share and be given to the brother.

However, as per the recent ruling Mohammad Hussain Khan v. Babu Krishna Nandan Sahai 1937 64 I.A.250, the privy council reversed the earlier decision and stated that such property is not ancestral property. The consequence of this interpretation is that property obtained by a daughter’s son from his maternal grandmother is not ancestral property but is his separate property.

3. Property Inherited from Partners or Women

As noted above, the only property that can be called ancestral property is that which a person inherits from his father or father’s father, and this process goes on. Therefore, the property shared by a person from his partners will be his separate property such as his brother, uncle, etc., or from his mother.

If a Hindu convert, will he/she have a claim on the parent's property and can they inherit the property?

A Hindu convert will still receive their share under the Hindu Succession Act, 1956. However, one's children will not inherit the property from their grandparents.

How many generations can claim Ancestral Property?

Four generations of the male lineage have a claim to a classified ancestral property that has remained undivided. This means that Gopal's son Ram, Ram's son Rajesh, and Rajesh's son Radhe Shyam have inheritance rights on Gopal's ancestral property. In other words, an undivided ancestral property is passed down to the father, grandfather, great grandfather, and great-great-grandfather.

Also, once someone inherits a property from any of his paternal ancestors three generations above him, his legal heirs three generations below him acquire equal rights as coparceners in that property.

Exclusion from Ancestral Property

It is legal to make a will that excludes one's children (both boys and daughters) from inheriting one's self-acquired property (when an ancestral property becomes self-acquired). The Delhi High Court found in 2016 that an adult son's claim to his parents' self-acquired property was unenforceable. "Where the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to remain there and can only live there at the mercy of his parents for as long as the parents permit," the HC judgement stated.

However, this is not the case with ancestral property. A father does not have the option of denying his son access to his ancestral property. In November 2018, the Delhi High Court declared that harassed parents have the right to expel their children from any form of property. The HC held that the nature of property would not be a hindrance in evicting children and legal heirs who mistreat their elderly parents.

Seniors can now apply for eviction of their sons, daughters, and legal heirs from the property of any kind, whether movable or immovable, ancestral or self-acquired, tangible or intangible. Thanks to a change in the law called the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, which eliminated the term "self-acquired."

When does Ownership Right start in the case of an Ancestral Property?

An ancestor's property is passed down from generation to generation. If a male kid is born inside the four-generation lineage, the ancestral property is automatically passed down to him. Also, keep in mind that there is a time limit to claiming ancestral property. 

Difference between Ancestral Property and Inherited Property

There's a distinction to be made between ancestral and inherited property. If you need clarity on ‘what is an ancestral property? Keep reading. 

Any property you inherit through a will after the owner's death or acquire as a gift is considered inherited property. Ancestral property is passed down through the generations. Inherited properties can be passed down through the generations. You should be aware, however, that properties inherited from your mother, grandmother, uncle, brother, or other relatives do not qualify as ancestral properties. Only ancestral properties passed down from your father, grandfather, great grandfather, and great-great-grandfather qualify.

Furthermore, any property received as a gift from a father or grandpa will not be considered ancestral property.

Women's rights in Ancestral Property

Women were not allowed to claim their claims on ancestral property under the original Hindu Succession Act of 1956. However, in 2005, this changed. The Supreme Court amended the law to allow women to exercise equal rights on ancestral property. On September 9, 2005, this change was made. Even if the daughter marries, she will continue to be a coparcener (a person who shares equal inheritance rights).

For the daughter to exercise her rights in 2005, both the girl and the father had to be alive on September 9, 2005. This was also reduced in 2018. Even if the father died before 2005, the daughter might still claim the property as her own.

It should be emphasised, however, that if the daughter transfers the property shares to her son or daughter, the property ceases to be ancestral. It will simply be a passed-down property. Hindu Succession Act 2020 - Daughters, like males, have an equal birthright to inherit joint Hindu family property, the Supreme Court said on Tuesday. The court ruled that the modified Hindu Succession Act, which grants daughters equal rights to inherited property, shall apply retroactively.

Women's Rights in Ancestral Agricultural Land

Agricultural land had historically been a privilege inherited and enjoyed by males in India. Agricultural land is always a profitable investment that is worth a lot of money.

Women were not allowed to claim their holdings in ancestral agricultural properties under the Hindu Succession Act of 1956. That, too, has altered. Women can now claim ancestral agricultural properties on an equal footing with males.

Who can sell an Ancestral Property?

An ancestral property can't be sold by a single person because it belongs to four generations. The Hindu Undivided Families (HUF) Head has authority over the property and assets of the remainder of the family. If the property must be sold, however, each stakeholder must agree and sign the necessary documents. The property cannot be sold even if one of the family members disagrees.

If one person tries to sell the property without formal authorization papers, the other stakeholders can take legal action to stop the sale.

To summarise, ancestral property is always seen as important and sentimental, which is why families go to great lengths to protect what is rightfully theirs. Ancestral properties can keep families together and strengthen bonds in some circumstances. This article must have provided you with a wealth of knowledge regarding ancestral properties, as well as a clear understanding of the distinction between ancestral and inherited property.

Checking Ancestral Property Details Online in India

To obtain information about your ancestral property offline, follow these steps:

Step 1: Make a visit to the nearest Tehsildar's office and furnish the necessary details while completing essential forms.

Step 2: After completing the formalities, you will receive a survey number. This number will be useful for locating your ancestral property details.

Step 3: You have two options: use the survey number to access the dedicated online land records portal for the information, or return to the Tehsildar's office and inquire offline about your ancestral property details.

What is an Undivided Ancestral Property?

Undivided ancestral property is inherited as a whole by the next generation without division among its members. If a partition deed divides the property within the family, it no longer remains ancestral but becomes self-acquired. To maintain its ancestral status, the property should remain undivided up to the fourth generation. Any division or partition within the joint Hindu family converts the property into self-acquired possession for the member who receives it.

While the head of a Hindu undivided family has the authority to manage family assets, selling an ancestral property requires consent from all stakeholders, as four generations have a claim to it. Even daughters, as coparceners, have the right to partition and sell the ancestral property. If any stakeholder is denied their share or if a member tries to sell the property without consulting others, legal action can be taken to claim their rights

Concepts of Ancestral Property in Other Religions

Muslim Law

There is no concept of ancestral property (or) right of inheritance by birth under Muslim Law and can leave behind a will on any property type. The legal heir can only inherit any property owner on the property owner’s death.

Christianity

The Indian Succession Act, of 1925 governs the succession rules among Indian Christians and has no concept of ancestral property under the Indian Succession Act. By this type of law, all kinds of properties that an Indian Christian owns may be willed away by him/her by executing a Will.

As you’ve learned the concepts of ancestral property along with women’s rights in a traditional property, this is just the basics of ancestral property that you need to know. It is essential to understand the difference between ancestral property and self-acquired property.

The law treats both types of properties (ancestral & self-acquired) otherwise. So, the property is either self-acquired or ancestral so that you can plan a partition of your estate to your legal heirs. 

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