1) property which has remained undivided for four generations is ancestral property
2) it is not ancestral property
3) sister date of birth is immaterial
Classification of ancestral or self-earned property
This question is related to agricultural land in Karnataka. My father was born in 1931 (He is now 88 years old). He had two elder brothers EB1 (born in 1922), EB2 (born in 1927), and has an younger brother YB1 (born in 1935). My grandfather (father’s father) purchased plot A in 1932 and also had plots at different places of the same village that were either obtained after partition from his cousin brothers around 1925 or purchased from funds generated from the property in his name. My grandfather passed away in 1952 without leaving any Will (died intestate). My father joined state government service and other brothers continued with the agricultural land without partition till 1989. Between my grandfather’s death in 1952 till 1989, my father’s brothers continued to purchase additional lands at different places and plot B was purchased in 1965 out of funds from the joint property. My father’s brother EB2 died in 1984 and EB1 died in 1917. Partition of the joint property that was held together since 1952 after my grandfather’s death was partitioned in 1989. My father was assigned plot A (purchased by my grandfather in 1932) and plot B (purchased by my father’s brothers from proceeds of the joint property in 1965). My elder sister was born in 1954 and second elder sister was born in 1958 and I am the only son born in 1960. My elder sister got married in 1975 and was widowed in 2013 and my second elder sister never married; I got married in 1989. My questions are as follows: 1. Due to the Hindu Succession Act of 1956, since the partition took place in 1989 and that the land was not held in the same name for the three generations, can plots A and B be classified as self-earned properties of my father. 2. Since my grandfather died intestate in 1952 does it mean that the characteristic of the property was decided in 1952 and not when the partition took place in 1989. 3. Since my elder sister was born before the Hindu Succession Act of 1956, and others were born after 1956, will it make any difference to the classification of this property as self-earned or ancestral. 4. What is the procedure to legally establish the ancestral or self-earned nature of the property based on revenue/survey records?
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
1. AFTER "partition deed" was executed in 1989, the partitioned property (plot A) becomes the "self-acquired" (not self-earned) property of Father, and father while being alive, shall alone deal with the same in any & all manner, without any legal reference to anybody in the Family or to the demise date of GF.
2. Form no. 6 (Property Extract) from the Tahsil office, should show that the same property was held by the male'side Family Tree for atleast Four generations, to be classified as "ancestral property".
After partition, it has become father self acquired property.
On GF`s intestate, inheritance was acc. to situation prevail at that time i.e. not right of daughters and rule of primogeniture. Since no partition effect at that time and properties were joint family property, and after HSA came into force, governed the partition of 1989.
Daughters will have equal right on father`s intestate death. And if great grand children born than property (father share) is coparcenary at the hand of father.
ON partition it was father self acquired peropty and on the birth of 4th generation has acquired ancestral statues.
Yes it will not ne ancestral property as it's not undivided.
If it is ancestral then your sister will have right as per latest judgement of supreme Court which gives them right through birth
Property should be four generation old undivided to become ancestral. In otherwords it should be passed down undivided from great grand father to great grand son.
Self acquired property are those which you acquire either by your own money or by way of gift or by any other mode of succession except to the extent it not being ancestral as stated above.
Yes the plots will be considered as self acquired property of your father if the partition has been duly registered and accepted by all the family members.
No characteristics has been changed after partition of property.
1. They are inherited properties and are as good as self acquired proeprties.
2. See in 1952 ,on demise of grand father partition opened and hence the property nature changed.
3. No it doesn't have any effect.
4 There is no.as such classification in records.
1. Your father acquired this property as his share of property by a partition among his brothers which was originally his father's property hence his share of property becomes his own and absolute property.
2. Though your grandfather is reported to have died intestate the properties left behind him devolved equally on all his legal heirs, which was subsequently partitioned among them.
3. Even though your elder sisters born before the Hindu succession Act 1956 came into force, since they survived after the said law came into existence and moreover it had retrospective effect, they would be entitled to an equal share in your father's share of property at par with you provided your father is reported to have died intestate and not during his lifetime.
4. There's no procedure to establish the nature of property, it is the provision of law that will speak automatically.
Since my grandfather died intestate in 1952, did the succession of the property to his children (that is my father and three uncles) opened in 1952 according to the old Mitakshara law or since the brothers continued without partition and when they finally partitioned and took their share in 1989. Since this will have an important consequence to the definition of ancestral property on account of the Hindu Succession Act enacted in 1956, I have asked this question.
Asked 6 years ago
The property after partition has ceased to have scope of its becoming ancestral.
Further even the partition had not been done then also the property as of now would not acquire the status of ancestral. To be ancestral it should be four generations old.
See the partition opened in 1952 accordingly the property shall divide as per the mitakshara law. Further the ancestral property is not defined in hindu succession act it is as per the mitakshara law , in succession act there is coparcenary property.
Succession was opened in 1952. Since the inheritance not effected at that time, so 1989 shall be effective date. Personal properties in the hand of children and if forth generation born than property resumed the ancestral status.
Dear Sir,
The following information may kindly be read:
The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner. The share of father and son in ancestral property. A father (current owner of the ancestral property) and his son have equal ownership rights over the property
How To Claim Your Share In An Ancestral Property
An ancestral property in general terms is a property or a land parcel that belonged to one’s ancestors. However, 27-year-old Ajinkya from Mumbai is doubtful whether he will receive his share of his ancestral property, a farm land that was bought by his grandfather. His father is now planning to sell off the land without his consent. What are his options to reclaim his share?
According to the Hindu law, properties can be classified into two — an ancestral property and a self-acquired property. An ancestral property is, in fact, a self-acquired and undivided property of a person’s grandfather.
What is an ancestral property?
Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
The share of father and son in ancestral property
A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.
The share of sons and daughters in ancestral property
The Delhi High Court had ruled in 2016 that an adult son had no legal claim on his parents' self-acquired property. “Where the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow” said the order.
Once an ancestral property is partitioned between the family members, it would cease to be ancestral property. A father has a choice to not will-out his self-acquired property to his son. However, this is not valid in case of ancestral properties.
The Hindu Succession (Amendment) Act, 2005 confers the status of a coparcener on daughter giving equal rights (with the son) on an ancestral property. Only male members of the family were coparceners prior to the amendment which has modified the Section 6 of the original Hindu Succession Act of 1956 that did not mention daughter's right in a coparcenary property.
Some facts about ancestral properties
*The right to a share in an ancestral property comes by birth.
*Coparceners, including daughters can seek a partition and sale of the ancestral home as well secure his or her share.
* properties of the paternal ancestors cannot be sold without the consent of the successors. However, it can be reclaimed by filing a suit for partition in a court.
*Similarly, if your share is denied you can send a legal notice demanding your rights.
*The property is regarded as an ancestral property provided it is not divided by the members of a joint Hindu family.
*Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property.
*Properties acquired from the maternal side does not qualify to be an ancestral property.
*The head of a Hindu undivided family has the power to manage the family assets under the Hindu law. But when it comes to ownership and rights over an ancestral property, each coparcener is entitled for getting his or her share.
Difference between Ancestral Property and Self-Acquired Property
Ancestral property under Hindu Law is called Coparcenary property, wherein after the 2005 amendment, even the daughters borne in any such Joint Hindu Family will also get their share like the sons. Before the amendment, only male members of the Joint Hindu family were called Coparceners.
On the other hand, a self-acquired property is any property purchased by an individual from his own resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property. This also includes a property obtained through a legal heir or by any Testamentary document like Will.
For any property to be ancestral property it should devolve undivided from 4 generation of male lineage.