• To determine whether a property is of ancestral nature or not

Mr. A submitted an application to revenue minister of rajasthan in 1974 that his forefathers agriculture land had been confiscated by local ruler of rajasthan. So grant some agriculture land for the family maintenance. At this ground Mr. A allotted 5 bhighas of land in his sole name by SDM, whereas in his family he has a younger brother then 9 year old. three sisters and mother and father also. Now his younger brother want to know that , Is the allotted agriculture land on ancestral ground to A, Is of ancestral nature or not ? Is other brother has his rights in this land or not ?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. This is a government grant or dole which can not be termed as Ancestral proeprty.

2.However do refer to the relevant rules whereby he was granted with the said land

3/if the said grant was meant for the whole family though only records his sole name then the proeprty would be held as joint one wherein his brother and sisters shall have share.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

It is not ancestral land

2) it has been allotted in name of A only

3) his family members cannot claim share in said land

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

'Forefathers' is an elastic term, so specify who is the original owner of the property. Under Hindu law a property becomes ancestral only if it was originally purchased by the great grandfather and travels up to the fourth lineal ascendant undivided.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In my opinion it may not fall within the Ambit of ancestral category.

The property might have been allotted for any reason, but since it was allotted on his name, it shall be considered as his own and absolute property.

The claim on that basis may not be maintainable.

In any case it is an individual property and cannot be considered as ancestral property just because the individual requested the government for the cited reasons. The allotment was not made with any condition that this property shall belong to all other heirs of the family.

Hence do not be under any wild anxiety to claim a share in it in any manner by incorrectly assuming it to be an ancestral property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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