Can child claim on father’s ancestral property during fathers life?

536 votes

A child can claim to his/her ancestral property at any time. Unlike in case of any inheritance property, the right over inheritance arises after the death of the owner and any right over the ancestral property accrues since birth.
The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations’ share in turn is sub-divided. Each generation inherits from its predecessors.

Advocate Pradipta Nath LawRato

897 votes

Right to succession in ancestral property under HSA is determined by school of law. In Mitakshara school of law, the child (male or female) by birth acquires an interest in the ancestral property of the joint family whereas Dayabhaga school of law, the child (male or female) has no automatic ownership right by birth but acquires it on the demise of his/her father. A child share in ancestral property can be evaluated after determining the number of Coparcenary and legal heir under class 1 HSA. Generally after the demise of the father, the legal heir under class 1 are entitled to equally share on father's share in ancestral property. You can contact me through LawRato for consultation.

Advocate Robert D Rozario LawRato