An ancestral property is an undivided property, in which four generations of a single
family have their share. Once divided among the stakeholders, an ancestral property
would cease to be an ancestral property, and turn into a self-acquired property.
Ancestral property is defined as a property that is inherited from a father or paternal
grandfather, or great-grandfather.
Owning and passing on such properties are slightly challenging in large families. This is
because there are a lot of misconceptions and myths surrounding such property
inheritance. Lack of knowledge is one main reason families end up in disputes or legal
hassles.
What constitutes ancestral property in India?
Ancestral property is one which is -
- At least four generations old
- Not divided by members in a joint family. Once the property is divided, the portion
received by each coparcener after the division becomes self-acquired property
- Not inherited from the mother, grandmother, uncle or brother
- Not inherited by Will or a Gift Deed
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.
Want to Claim your Share in an Ancestral Property?
If you have legally inherited an ancestral property, talk to our lawyers to understand your
stake in the same. Being a trusted Property Legal Adviser in Pune and other major cities in
India, we are known for offering legal aid in the form of Property Documentation Services,
Property Law Services, and Property Litigation Services.
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