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  • What is Ancestral Property

    Ancestral property is an undivided and a self-acquired property by your great grandfather. When the said property is undivided and self-acquired up to four generations, including you, is known as an Ancestral Property.

    Incidents of Ancestral Property

    • Ancestral property is referred to when it’s four generations old.
    • The said property should be undivided as any incident of a division or partition, the property is considered self-acquired property.
    • The rights of the ancestral property are not controlled by per capita but by per stripes.
    • From birth, the person has the right over the said property.
    • The share of the property is first decided by each generation and then the successive generation then the share is further subdivided.

    Classification of Ancestral Property

    • Paternal Ancestors Property: Under this classification, the Hindu male acquires the property from up to four generations of male lineage.
    • Maternal Ancestors Property: A property inherited through your maternal ancestors is another classification of ancestral property.
    • Property Acquired by Females: When the females of the house inherit a property, it does not classify as an Ancestral Property as it’s considered as a separate property owned by the females.
    • Property Acquired Through Will/gift from Paternal Ancestors: When you acquire a property through a Will or gift from your ancestors, it can either be regarded as self-acquired or ancestral property. This is based on what is mentioned in the Will or gift. If you inherit the property for the benefit of the family, it’s considered ancestral property; however, if there are conditions mentioned on the Will or gift deed, it’s known as separate property.
    • Others: If you earn income through the ancestral property and the income is used to purchase another property, then the purchased property is deemed as ancestral property. Also, the income generated through the ancestral property, then the children, grandchildren and great-grandchildren have the right over the income before birth itself.

    Concepts Ancestral Property and Hindu law

    Under Section 26 of the Hindu Succession Act, if an individual is converted to other religion, the person still has the right over the ancestral property. An illegitimate child does not have any rights over the ancestral property.

    Concepts of Ancestral Property & Other Religions

    Under the Christian law, which is governed by the Indian Succession Act, there are no provisions to have the right over the ancestral property. As for the Muslim law, there’s no intention of an equitable interest, so the concept of ancestral property does not apply.

      

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