Ancestral property is the undivided and self-acquired property of an individual’s great great grandfather. The right to a share in ancestral properties comes by birth itself, unlike any other form of inheritance, where legacy opens upon the owner’s death. This is the ancestral property meaning.
Important Points:Properties inherited from brother, uncle, grandmother, and even mother isn’t ancestral property.
Property of the paternal ancestors can’t be sold without the successors’ consent. However, it can be reclaimed by filing a partition suit in the concerned court.
The property is considered as an ancestral property given it isn’t divided by the members of a joint Hindu family.
The property shouldn’t have been divided by Hindu undivided family members as after the division, the portion or share that each coparcener obtains becomes their self-acquired property,
The rights in ancestral properties aren’t determined per capita. They are determined per stripes, which means each generation’s share is first determined and then the share of successive generations is subdivided.
Properties inherited through Gift and Will aren’t ancestral properties.
The Hindu undivided family’s head can manage the family assets as per the Hindu laws. However, all coparceners are entitled to their share when it comes to ancestral property rights and ownership.
Read more:
How to claim ancestral property?
What is the difference between self acquired property and ancestral property?
Can wife claim husband’s ancestral property in India?
Now you know what is ancestral property under Hindu law.
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There are various types of properties with different laws in India. In this answer, I have explained the ancestral property meaning, what is Ancestral property under Hindu law, and its features.
Ancestral property meaningAncestral property is known as the property inherited from paternal ancestors up to four generations. In simple terms, a property that is inherited by the four generations, till the present generation, which was once acquired by the great grandfather. Earlier only the grandson or son had the right to acquire the property by birth undivided. Such property is known as ancestral property.
But after 2005, under the Hindu law, all the daughters got equal rights on the ancestral property by birth.
Rules for selling ancestral property
Only the head of the family has the power to handle the assets of the family under Hindu law.
If you are a son or daughter of a Hindu undivided family and your right on Ancestral property is violated, then you can claim in court for your justice.
You can not sell your part of the property without the consent of the head of the family.
Property acquired from paternal ancestors can not be sold without the approval of the paternal head of the family.
Hope your doubts what is ancestral property under Hindu law is clear now.
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Authors Of The Question
What is ancestral property under Hindu law?
Geetha Iyyer
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2 Answers
3 Year
2021-03-23T13:42:34+00:00 2022-01-04T15:14:10+00:00Comment
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