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    Ancestral Property

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    Ancestral property is property inherited by a Hindu from his father, paternal grandfather, or paternal great-grandfather that has passed undivided through three generations. Key characteristics of ancestral property are that it is at least three generations old, has not been divided among family members, and rights are determined based on family lineage rather than individual inheritance. Accumulations, accretions, and properties purchased with ancestral funds or assets also become ancestral property.

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    Ancestral Property

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    sgdhasdhg
    88 views2 pages
    Ancestral property is property inherited by a Hindu from his father, paternal grandfather, or paternal great-grandfather that has passed undivided through three generations. Key characteristics of ancestral property are that it is at least three generations old, has not been divided among family members, and rights are determined based on family lineage rather than individual inheritance. Accumulations, accretions, and properties purchased with ancestral funds or assets also become ancestral property.

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    Ancestral property is property inherited by a Hindu from his father, paternal grandfather, or paternal great-grandfather that has passed undivided through three generations. Key characteristics of ancestral property are that it is at least three generations old, has not been divided among family members, and rights are determined based on family lineage rather than individual inheritance. Accumulations, accretions, and properties purchased with ancestral funds or assets also become ancestral property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    88 views2 pages

    Ancestral Property

    Uploaded by

    sgdhasdhg
    Ancestral property is property inherited by a Hindu from his father, paternal grandfather, or paternal great-grandfather that has passed undivided through three generations. Key characteristics of ancestral property are that it is at least three generations old, has not been divided among family members, and rights are determined based on family lineage rather than individual inheritance. Accumulations, accretions, and properties purchased with ancestral funds or assets also become ancestral property.

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    What is Ancestral Property?

     Property inherited by a Hindu from his father, father’s father or father’s


    fathers’ father, is ancestral property.
     Any property acquired by the Hindu great grandfather, which then passes
    undivided down the next three generations up to the present generation of
    great grandson/daughter.
     This property should be three generation old.
     It should not have been divided by the users in the joint Hindu family as
    once a division of the property takes place, the share or portion which each
    Coparcener gets after the division becomes his or her self-acquired property.
     The right to a share in ancestral or coparcenary property accrues by birth
    itself, unlike other forms of inheritance, where inheritance opens only on the
    death of the owner.
     The rights in ancestral property are determined per stripes and not per capita.
    Share of each generation is first determined and the successive generations
    in turn sub divide what has been inherited by their respective predecessor.
     Properties inherited from mother, grandmother, uncle and even brother is not
    ancestral property. Property inherited by will and gift are not ancestral
    properties.
     Self-acquired property can become ancestral property if it is thrown into the
    pool of ancestral properties and enjoyed in common.

    In Mulla’s Principles of Hindu Law (15th Edition), it is stated at page 289

    If A inherits property, whether movable or immovable, from his father, father’s


    father, or father’s father’sfather, it is ancestral property as regards his male issue. If
    A has no son, son’s son, or son’s son’s son in existence at the time when he
    inherits the property, he holds the property as absolute owner thereof, and he can
    deal with it as he pleases . A person inheriting property from his three immediate
    paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’
    sons and sons’ sons’ sons but as regards other relations he holds it and is entitled to
    hold it, as his absolute property.
    Accumulations and accretions of income of ancestral property are ancestral
    property. (Ramanna v. Venkata, 1888 11 Mad. 246) So also, property purchased or
    acquired out of the income or with the assistance of ancestral property, would be
    ancestral property. (Lal Bahadur v. Kanhia Lal, 1907 29 All. 244).

    The same can be said as regards property purchased out of the sale proceeds of
    ancestral property or obtained in lieu of such property. It may also be noted that
    children, grandchildren and great -grandchildren acquire a vested interest, not only
    in the income and accretions of ancestral property which accrued after their birth,
    but also in that which accrued before their birth.

    Shyam Narayan Prasad v. Krishna Prasad, (2018) 7 SCC 646, Property


    inherited by a male Hindu from his father, father’s father or father’s father’s father
    is an ancestral property. Essential feature of ancestral property, according to
    Mitakshara Law, is that the sons, grandsons, and great grandsons of the person
    who inherits it, acquire an interest and rights attached to such property at the
    moment of their birth. Share which a coparcener obtains on partition of ancestral
    property is ancestral property as regards his male issue.(Page no. 10) After
    partition, property in hands of a son continues to be ancestral property and son of
    that son (whether natural or adopted) takes interest in it and is entitled to it by
    survivorship.

    U.R.VIRUPAKSHAIAH v. SARVAMMA Page no. 10-11

    Adiveppa v. Bhimappa, (2017) 9 SCC 586, There lies a legal presumption that
    every Hindu family is joint in food, worship and estate and in the absence of any
    proof of division, such legal presumption continues to operate in the family. The
    burden, therefore, lies upon the member who after admitting the existence of
    jointness in the family properties asserts his claim that some properties out of
    entire lot of ancestral properties are his self-acquired property.

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