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Can i claim my great grandfather ancestral property he had 2 marriages


08-Aug-2023 (In Civil Law)
hello sir good evening My great grandfather got two marriages (when first wife die he got anather marriage) both are blessed with a one son. first wife son (mygrand father and grand mother) passed after when my father(born)in 1920- 25. my father was suffering from ill health (fits) so he was not exercise his rights and he died in 1960 after i was born.so the total property enjoied by second wife and his son. in 1941 second wife son sold 3/4 acer. and his wife 1/2 acer (when my father is alive)without the concent my father. now layers say itwas bears limitation period not possible to recovery becouse the buyer is enjoyed a long possession. but in 1941 second son wife has no right to sell this property without signature of his husbend and my father. sir please give me solutio
Answers (1)

Answer #1
547 votes
Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
On the contrary, a self-acquired property is any property which is bought 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 the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.

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