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Supreme Court sets 2005 cut-off on women right to ancestral property -
04-May-2023 (In Property Law)
We have a property in my grand mother's name. i want to know that my anti (father sister) have the rights in this property? My father is dead. I have 6 anti, now 3 anti alive
A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property.
The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family. Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.
In case of a ancestral property, every legal heir has a right over the property. Daughters also have a right on the ancestral property. Ancestral property will be divided according to the provisions under Hindu Succession Act.
The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family. Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.
In case of a ancestral property, every legal heir has a right over the property. Daughters also have a right on the ancestral property. Ancestral property will be divided according to the provisions under Hindu Succession Act.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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