• Nature of inherited property

Our father had purchased landed property containing house. He expired in 1979 . Our mother had predeceased our father. We are a family of 3 sisters and 3 brothers. We are Hindus.
Kindly let us know whether it is a coparcenery property or any other type of ancestral property for the purpose of inheritance. Further, let me know whether laws are different for the purpose of inheritance of different types of ancestral property under Hindu Laws.
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

1) it is self acquired property of your father

2) on demise of parents you and your siblings have equal share in property

3) it is not ancestral property

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

This is self earned property of your father the property shall be distributed according to intestate succession Hindu succession act all 3 sisters and brothers will have equal share in the property.

Sir for hindu the law is Hindu succession act only in case of intestate succession section 8 applies where as for the coparcenary ancestral property section 6 applies wherein the coparceners have the share in your case it shall be governed by intestate succession in case of male.

General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Since it is his self acquired property the same is liable fro division among his legal heirs in equal share.

2. So all the sons and daughters will inherit the property in equal 1/th share.

3. As the property is still undivided it is advisable that all of you divide it by making a mutual deed of partition and make it registered. in the said deed if any sister so wants can relinquish her share.

4. There are Mitakshara and Dayabhaga school of succession under Hindu law.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1) As per Inheritance Law in India a person can inherit property in two ways:

Through Will

Through state laws of Intestate Succession.

2) in 2005, the Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives,Daughters cannot inherit ancestral property if father died before 2005.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello

The property was purchased by your father by his money and so it was not an ancestral property. Therefore no question of coparcenary rights.All your siblings have a right in that property including your sisters.

There are certain difference but here it was a self acquired property if your father and therefore you all have share in it.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hi,

The land purchased by your father out of his own earning is not the ancestral property.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hello,

It has not attained the status of ancestral property.

The father passed away intestate and as such the property will not be divided equally amongst the legal heirs as per the provisions of the Hindu Marriage Act.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. It is not coparcenary property by any method of legal interpretation. On the intestate demise of your father his property devolved through intestate succession on all his children equally. The property is separate property in the hands of children.

2. The share of every heir is 1/6th.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since your father purchased this property out of his funds in an individual capacity, it was his self-acquired property. If he died intestate (i.e., without a will), it legally devolved on his Class 1 heirs (women only became class 1 heirs in 2005 thanks to an amendement) by way of intestate succession as per rules therefor in the Hindu Marriage Act.

This is not an ancestral property based on your description. It was your father’s self-acquired property. I am assuming he did not leave a will and so it was liable to be distributed on a per-capita basis among his heirs by the rules of intestate succession.

Needless to say, further questions are welcome. Have a nice day!

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

This is not coparcenary or ancestral property.

It is your father's property and upon his intestate death it shall devolve equally on all his legal heirs

All the six children can inherit the property jointly or by dividing it into six equal shares and allot one share each.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

It`s self acquired property, children have 1/6th share each.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

You all the six children are entitled for equal share in the property left by your father. Since he has left no Will or gifted it to anybody during his lifetime so all of you entitled for equal share. Actually the definition of ancestral property is as follows and the rules for sharing ancestral property and self property left by father without any Will governed by same succession rules.

=========================================================================================What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer