• Right on a property

We live in our ancestors' house but we changed our house a few years ago. My Aadhaar is made on the address of our old house, will my right to the ancestral house remain intact if the address on my Aadhaar is changed. For your information, the old house registry is in my grandfather's name and he is no more, my father's Aadhaar is in the old house name and he is living with us.
Asked 1 year ago in Property Law
Religion: Hindu

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14 Answers

Yes, your right to the ancestral property remains unaffected by the address on your Aadhaar card. Property rights are based on legal inheritance and family lineage, not on the address listed in identification documents. Since the property is registered in your grandfather’s name, your family can inherit it according to inheritance laws.

To ensure your claim, it may be helpful to maintain documents such as family records, succession certificates, and, if needed, apply for a mutation in property records to reflect the change in ownership after your grandfather's passing.

 

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

Shubham Goyal
Advocate, Delhi
2146 Answers
16 Consultations

The property purchased and owned by grandfather is not an ancestral property so you donot have any right in the property owned and purchased by grandfather. It is children of grandfather who being class-1 legal heirs are only persons who are entitled to equal share in their father's property if grandfather had died intestate. so it is your father and if he has sisters and brothers are only legal heirs entitled to have equal share. You being grandchild is not entitled. Further, the place of residence has nothing to do with right of a person so even if your father is residing with you at different place then it does not his right and entitlement in his father's property. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Your rights in ancestral property are not affected by change in address on Aadhar card 

 

2) on grand Mother demise mutation of property should be done in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
99887 Answers
8152 Consultations

it is typographical mistake. Word 'effect,' is missed in between. Read complete line - "Further, the place of residence has nothing to do with right of a person". Pl correct and read it as under- 

"Further, the place of residence has nothing to do with right of a person so even if your father is residing with you at different place then it does not EFFECT his right and entitlement in his father's property."

Siddharth Srivastava
Advocate, Delhi
1551 Answers

I disagree .father has share in ancestral property 

Ajay Sethi
Advocate, Mumbai
99887 Answers
8152 Consultations

 Irrespective of your Aadhar & your father's different address, you and your father do not lose right in the ancestral property.

 

Shashidhar S. Sastry
Advocate, Bangalore
5625 Answers
339 Consultations

Sir, Please read the disclaimer on your Aadhar Card, it says it is a proof of identity. It doesn't rescind your right to property just by changing addresses on Aadhar Card. Only if you relinquish your right in share of your ancestoral property by executing a relinquishment deed, only in that case you don't have any right in that property. Your father may live anywhere in the world that doesn't terminate his rightful share in the property. There are many people who have several ancestoral properties in India, but it's not possible for a man to live at all of his properties at the same time. I hope that clears your doubt.

Puneet Srivastava
Advocate, New Delhi
83 Answers

Dear Client,

In the Present Scenario, changing the address on your Aadhaar will not affect your legal rights to the ancestral house, as your entitlement to the property is based on inheritance laws and not the addresses provided in your Aadhar or any other document. Further, since the house is in your late grandfather's name, and he is no longer alive, it would pass to his legal heirs, which would generally include your father and his siblings, depending on the succession rules. Besides, under the Indian law, ancestral property refers to property passed down through at least four generations of male lineage, and even though you no longer live in the old house, it remains part of your ancestral property. Even if there is no will, the property would devolve upon his legal heirs, including your father, and since your father is alive, he would be a rightful heir, and you, being his son, may inherit the property upon his death, unless there is a will to the contrary. Therefore, changing your Aadhaar address to reflect your new residence does not impact your inheritance rights or the legal ownership of the ancestral property.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
11024 Answers
125 Consultations

Your father’s or your residence at a different address does not affect the right to the ancestral property. Property rights in an ancestral home are based on legal inheritance, not on the address listed in identification documents like Aadhaar. Since the house is in your grandfather’s name, upon his passing, the property typically becomes ancestral, and the rights to it would be inherited by his legal heirs (your father and, subsequently, his descendants).

However, if you want a clearer legal claim, it’s advisable to have a mutation of property records done in favor of the legal heirs. This ensures the property records reflect the current generation’s ownership. Consulting a property lawyer for personalized advice on inheritance and property claims would be beneficial.

Shubham Goyal
Advocate, Delhi
2146 Answers
16 Consultations

Actually speaking, your grandfather's property is not ancestral property.

If your grandfather is reported to have intestate then his legal heirs including your father shall be entitled to inherit that equally in the capacity of successors in interest.

Therefore your father is entitled to a share in the property even if he's having a address at different place.

You can claim your share after your your father's lifetime out of his share provided he also dies intestate irrespective of the fact that you are living in a different address.

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

Your father is entitled for a his legitimate share wherever he currently reside.

T Kalaiselvan
Advocate, Vellore
90087 Answers
2502 Consultations

He has all the rights in ancestral property even if he doesn’t live there 

Prashant Nayak
Advocate, Mumbai
34598 Answers
249 Consultations

- Any address proof document is not a proof of ownership , and even you are not living in that property then also you have right to claim equal share over the same.

- Further, after the demise of your grandfather intestate, his property would be devolved upon all his legal heirs equally including your father , and during the life time of father you have no right to claim. 

- Further, none having right to take your fathers share without getting his consent , even he is living abroad. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

mere change of address in aadhar records would not extinguish rights in an ancestral property

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

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