For ancestral property means it should be 4th generation means your father and uncles should be fourth generation than it will be called as ancestral property.
If property divided among my previous generation( father and uncles). Is it remains ancestral?
If property divided among my previous generation( father and uncles). Is it remains ancestral? Can my father will it as per his choice?
Asked 4 years ago in Property Law
Religion: Hindu
12 Answers
Even if ancestral property is divide by way of deed of partition then also the same remains as ancestral property upto 3 generation of the legal heirs, whether born or alive.
Property after being divided ceases to be ancestral and it can be disposed of by will.
1. IF the property was duly Partitioned via a registered Partition Deed, THEN such partitioned property shall lose its status as "ancestral property" and "AFTER" partition deed, the partitioned portions shall be classified as "self-acquired" property, for all futuristic purposes like Sale /Gift /Will /Donate /Mortgage /whatever.
No if it's divided in last 4 generations then it will not be ancestral
No it will lose it's ancestral character after formal partition between one generation.
1) property which has remained undivided for four generations is ancestral property
2) your father can bequeath his share of property by will
No property partitioned and divided is not joint family property or ancestral property.
Yes your father can sale or will or transfer the property on his wish.
The ancestral property will be the property for you in 4th generation so if it is passed by your great grandfather to your grandfather and then to your father then this property can be termed as ancestral property and in that case your father can not make any will after your birth
property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. what has been inherited by their respective predecessor.
If property acquired by great grand father and partitioned between your father and sibling. Than on birth of son, resumes ancestral status.
The property was divided among the legal heirs of your grandfather hence it will no more remain ancestral property.
Therefore it becomes your father's own and absolute property.
your father can dispose the same in any manner he may desire and decide and in anyone's favor, nobody can question his authority as a right.
