How to claim ancestral property?

There are two kinds of property that are self-acquired property and ancestral property. While the self-acquired property is a kind of property you purchase on your own, an ancestral property is a property that belongs to your forefathers. I will state all the points to give you a better insight into an ancestral property. It will help you understand better about ancestral property rights. 

• You can consider property as ancestral if the property belongs to four generations of your family lineage.

• Since the ancestral property is inherited you will always have a share in it.

• Coparcener or daughter can ask for a partition and sale of the ancestral property to secure his or her portion.

• Ancestral property can only be sold with consent. Although as per ancestral property law, a person can sell an ancestral property without consent during an emergency. The head of the family can also sell a property without consent to pay the debt or expenses for a sick member in the family.

• You cannot consider property as ancestral if it is divided among the family members.

• Property inherited from the maternal side is not ancestral property.

How to claim ancestral property?

There is much confusion regarding ancestral property rights in India. According to the Hindu, law women do not have any right to ancestral property. But according to Hindu Succession Act, 2005 women also have equal rights in ancestral property like the son. The amendment also states that even after the marriage the daughter has an equal claim on ancestral property. As per the amendment, the daughter will be recognised as a coparcener who has equal rights in the inherited property just as the son since her birth.

How to claim ancestral land if you are a coparcener?

If a property is sold without the consent of the coparcener or any member of the family, he or she can reclaim the property by filing a suit in court. You can also send a legal notice to claim your property if your share is denied. These are some ancestral property rights you need to know before claiming an ancestral property.

I hope this was helpful.