How To Claim Ancestral Property In India 2024

The law that regulates inheritance rights amongst Hindus in India is the Hindu Succession Act, of 1956. The law includes clauses governing the division, inheritance, and transfer of separate and combined family property. Check out the article to learn about Ancestral property and how to claim Ancestral property in India.

What is the Ancestral Property?

Ancestral property is the possessions that a Hindu inherits by birth from either her or his father, father’s father and father’s father’s- father. It is essentially the undivided property of a four-generation Hindu family. Property that is inherited from other family members is not regarded as ancestral property.

Property inherited from the maternal grandparents is regarded as distinct property rather than family property.

The rulings in 1937 Md. Hussain v. Kisheva  & 1958 Maktul v. Manbhari confirmed this.

A coparcener’s portion loses its status as ancestral property upon partition and becomes distinct property. 

The possessions acquired from female ancestors must likewise be handled separately.

How To Claim Ancestral Property In India

If a coparcener is the last living member of his family, he may be entitled to the entire familial property. He is only liable to one part of the property if there are several coparceners. 

A coparcener may assert his share by requesting the division of the ancestors’ assets.

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Who Is Eligible for the Ancestral Property?

Coparcener is the term given to Hindu joint families’ members who have an ownership stake in the joint family’s assets.

The father or oldest male cohabitant of the family is referred to as “Karta,” and he has the authority to hold and govern the property.

The Court further described a coparcener’s portion as changeable, which fluctuates when members of the coparcenary are born and die. 

The court also described a co-interest owner’s in their property as “undivided.”

The only individuals with rights to ancestral property are Coparceners. 

Only maintenance claims may be made by other joint family members. 

Individuals of a joint family who are not coparceners do not have a right to ancestral property because they have no interest in it.

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What are the Conditions to be Coparcener to Claim Ancestral Property in India?

Following are the conditions to be Coparcener to claim Ancestral Property in India.

• A member must have received the property from their paternal ancestor to be a co-owner of the ancestral property.
• Ancestral property is inherited by four generations in a Hindu family system. The second need is therefore that such a person must be a member of one of the 4 descendants that follow the rightful owner, who held it separately.

Which Rights Coparcener Have on Ancestral Property?

Coparceners have many rights over ancestral property which are listed below,

• Coparceners have the right of Joint Ownership and joint use of the inherited Ancestral property. 
• Right to request records about the administration of the family’s Ancestral property.
• Possession of the right, with the approval of the other co-owners, to alienate one’s portion of the property.
• Right to disregard any alienation committed by Karta and a co-occupier.
• Right to compel the division or partition of ancestral property
• Right to renounce his ownership stake in the property in favour of other co-owners.

Is there Any Time Limit to Claim Ancestral Property?

Keeping grandchildren from inheriting the family estate may be a goal of parents or grandparents who do not get along with them.

Nevertheless, this is not possible legally.

Any male descendant within the four generations is eligible to inherit the property.

The window for making an ancestry-related property claim is Twelve years.

However, if you can present a strong reason to delay the claim, the court can agree to your motion and move forward with processing.

If you want to put limitations on the transfer of your ancestral property, you must file a civil complaint within three years of the sale period.

Can a Daughter Claim Ancestral Property in India?

This is a more frequent question regarding the ancestral property. 

Section 6 of the Act underwent some modifications as a result of the Hindu Succession (Amendment) Act, 2005. 

Before the change, the only permitted coparceners of joint family property were male descendants. 

The amendment gave female heirs the same privileges and status as male descendants when it came to being coparceners.

The law also brought about other modifications, such as a change in how ownership of joint family property is transferred upon a co-passing occupier. 

The amendment changed the devolution from being by survivorship, as it was before, to be by the testator or intestate succession.

It should be noted, nonetheless, that the possessions acquired from female ancestors do not qualify as ancestral property. It is just going to be handled like independent property. 

Ancestral property can only refer to assets inherited from paternal ancestors.

Are Children Born After the Partition Can Make Claims to the Ancestral Property?

The right of a coparcener to inherit ancestral property does not apply to minorities. 

Therefore, unless the arrangement was contrary to the rights of the minor, a partition agreement that involves a minor co-occupier is still enforceable. 

There are no restrictions on giving ancestor property to people, even unborn children. 

Unborn children can be given a piece of the family estate, and if not, they might ask for the division to be reopened.

Different Methods For Partition of Ancestral Property

Any coparcener who has a clear desire to split the ancestral property can achieve a partition. Here are different methods for partitioning Ancestral property.

• Division by Suit
• Arbitration-based Partition
• Division through family settlement
• Division by a partition deed
• Division by Agreement

How Do You Prove a Property is Ancestral?

A property is regarded as Ancestral property when 

• At least 4 generations have come before.
• It is not split among joint family members. The share that each coparcener receives after the property is split becomes self-acquired property once it has been divided.
• The mother, grandmother, uncle, or brother does not pass it down to you.
• No will or gift deed can pass it on.

Can the Ancestral Property Be Sold Without a Partition Deed?

Only with the successors’ permission should the property of the ancestors be sold.

These properties could be sold without permission. However, it can be reclaimed by making a legal case for the partition.

Similarly to this, one can submit a legal notification requesting their rights if their portion of the stake is disallowed.

To divide the ownership interests in the ancestral property, a partition deed is required.

• A partition deed must be filed with the local office of the sub-registrar in the region where the home is situated to be considered legally binding. 
• The stamp fee and registration fees must also be paid by the signatories to the deed.

Also read, Rectification Deed: Meaning, Importance & Format

Can a person sell the Ancestral Property?

According to the India Act for ancestral property, no individual can sell ancestral property without others’ consent as the property belongs to 4 generations. 

The property and assets of the family members can be managed by the Head of the Hindu Family (HUF). If the property is to be sold, each stakeholder or coparcener must consent and sign the necessary paperwork.

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