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Rights of son in Ancestral Property
April 07, 2024 हिंदी में पढ़ेंTable of Contents
Ever since the beginning of time, sons in India are considered the ones to take the family name ahead. The traditional social setup also focuses on sons being the main breadwinner of the family as a son is expected to earn and take care of their parents in old age. This is why in matters related to a succession of ancestral property, a son is given greater rights and liabilities since the very inception including the right in the ancestral property by birth a right to survivorship i.e. the right to divide the share among the rest if one of the coparceners dies along with the right to sell their share of the property to anyone they want and so on.
What is Ancestral Property?
The term ancestral property refers to property that has been inherited by up to four generations of male lineage. Thus, a property inherited by an ancestor from any of his paternal ancestors up to three generations above him would be regarded as a part of the ancestral property for his legal heirs up to three generations below him. However, an ancestral property no longer remains ancestral once it has been divided or partitioned by any of the previous three generations. Upon division or partition, the property becomes the self-acquired property of members of the generation that obtained a share upon its partition.
Ancestral Property vs. Self-Acquired Property
The rights available to a son to the self-acquired property are very different to that with respect to ancestral property. Therefore, to understand the rights of a son, it is important to figure out whether a property is ancestral or self-acquired. As explained above, the ancestral property is one that is inherited up to four generations of male lineage. On the other hand, self-acquired property is one that has been purchased by a person from his own funds or acquired without the help of family funds through his own efforts. This also includes the share of a property acquired through a division/partition of the ancestral property. Thus, the essential ingredient for a property to be regarded as ancestral is uninterrupted inheritance over four generations.
Rights of a Son in Ancestral Property and Self Acquired Property
Under the Hindu Succession Law , sons and daughters have been given the first right in the property if the father dies intestate (without leaving a will). In furtherance to this, they also have the right to acquire their legal share in the property. However, these rights in the property depend upon the property being ancestral or self-acquired.
When the property is Ancestral Be it a daughter or a son, a right in the father's ancestral property accrues by birth itself. Thus, as per the law, a father cannot Will such property to anyone he wishes to, or deprive a son of his share in it. A son has a right to inherit such property by the time of his birth itself.
A son is the joint owner of ancestral property and has the right to file a partition suit for his rightful share in the property. He has a right to ask for his share in the ancestral property during the lifetime of his father or grandfather or great grandfather, whoever is the & lsquo Karta'. Moreover, he has the right to sell his share to any third person before a formal partition of the property has taken place.
When the property is not Ancestral In the case of a non-ancestral or a self-acquired property, the father has a right to gift the property or will it to anyone he wants, and the son will not have a right to raise an objection. However, after the death of the father, on a will left by him transferring the property or a share in such property to the son only can give any right to the son in such property. Also, if the father dies without leaving a will then the son and the daughter can claim an equal share in the self-acquired property.
Gifted property from Father to Son is not Ancestral
Property is not considered as an ancestral or family property in the event that it was gifted by a father to his son. In this manner, an individual cannot guarantee his share in a property that was gifted to his father by his grandfather. This is why a property that a son or a daughter receives as a gift from the father is considered as their self-acquired property. In such cases, the grandchildren have no lawful right in property their grandfather gifted to his son or daughter as he could have gifted the same to any third person as well. Such a property is considered self-acquired property except if there is an unmistakable expression of intention by the grandfather to make it an ancestral property.
Why do you need a Lawyer?
The intricate process of understanding succession laws and to figure out your exact share in your family's ancestral property is a complex procedure that requires the services of a trained legal expert. Therefore, it is advised to engage the expertise of a lawyer who can guide you through the process and ensure your rights are protected at every stage. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert property lawyers. Hiring a lawyer can save you from a lot of hassle in the long run and ensure that you and your family reach a favorable outcome which reduces the risk of any litigation or friction in the future. This in turn helps save a lot of time, effort, and money for you and your family.
Greater Kailash - 1, Delhi
5 years
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Legal Questions Answered by Top Lawyers
Answer
Hi, since the property has been bought with HUF money, the property belongs to the entire Hindu Undivided Family, including you, as a legal heir. You have a legal right in the property and your father cannot, legally, gift the property or make a will regarding its disposal.
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Answer
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.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
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All the necessary steps required for starting an offline business is required to be taken by you for an ecommerce business as well which includes, forming a firm/company, opening Bank account, taking registration nos. from Sales Tax , Income Tax and labour department etc, 2. You should execute a Non ....Read More
Answer
Sons and daughters have several rights as a coparcener. For instance, they get a right in ancestral property by birth; right to survivorship: if one coparcener dies the property gets divided among the rest. They are in joint possession and ownership of property and if they want partition, they can claim so by filing a partition suit.
Coparcener can also acquire a separate property and at the same time has right to alienate the property to any stranger his share in ancestral property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.
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