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Which Properties are Considered as Ancestral Properties in India?
An ancestral property in India is a single family’s undivided property that is split among its four generations. When an ancestral property is shared among the stakeholders, it ceases to be an ancestral property and becomes a self-acquired property. It is also the undivided and self-acquired property of a person’s great-great grandfather.
Features of an Ancestral Property in India
- A common ancestor, often up to four generations ago, is the source of ancestral property.
- All male descendants have equal rights to the property by birth, as do female descendants following the 2005 change to the Hindu Succession Act.
- If the property is not divided, it remains ancestral. The property becomes self-acquired when it is divided.
- Ancestral property cannot be sold or transferred without the approval of all co-owners. Any transaction affecting the property requires the consent of each co-owner who has a legal stake.
- The property is instantly co-owned by all qualified family members. This guarantees that the property stays in the family line, encompassing both existing and unborn members.
Various Types of Ancestral Properties
There are various types of ancestral properties. They are listed below,
- Paternal Ancestor Properties: Ancestral property is whatever that a Hindu man inherits from his father, grandpa, or great-grandfather. An interest in such property is inherited by the person’s offspring, grandkids, and great-grandchildren.
- Maternal Ancestor Properties: Daughters are entitled to a portion of their parents’ ancestral property if it was received from a maternal grandfather. A maternal grandchild so owns a portion of the property.
- Partitioned share: Ancestral property is the portion that a coparcener receives upon the division of ancestral property.
- Property gained by a paternal ancestor’s will or gift: When a Hindu bequeaths his son his own property, whether through a will or a gift, it may or may not constitute ancestral property in the donee’s possession.
Steps to Acquire Ancestral Properties in India
Step 1: Start by conducting research and compiling any pertinent data pertaining to the ancestral property, such as family trees, ownership records, and legal documents.
Step 2: To learn more about your rights and alternatives with relation to the ancestral property, consult with property law specialists.
Step 3: Check the ancestral property’s legal title and ownership status.
Step 4: Initiate the right legal procedures to start legal action if there are disagreements or difficulties about who owns the ancestral property.
Step 5: Investigate alternate conflict resolution techniques like mediation or negotiation to resolve contested ancestral property in a cooperative manner.
Step 6: To claim your rights over the ancestral property, prepare and file the required legal documents, such as succession certificates or property division deeds.
Step 7: Assure adherence to all legal requirements set forth by the applicable laws and regulations pertaining to ancestral property.
Step 8: After a dispute over ancestral property has been successfully resolved, divide or transfer ownership of the property in accordance with the agreements and legal arrangements made.
Ancestral Property and Self-Acquired Property- Key Differences
Ancestral Property
Property that is inherited from earlier generations without being divided into shares over an extended period of time is referred to as ancestral property. Hindu law states that in order for a property to be considered ancestral:
- From the paternal side, it must have stayed intact for four generations. The owner’s father, grandpa, great-grandfather, and great-great-grandfather would all be covered by this.
- This property must have been inherited by the heirs in the next four generations at birth, with no share split or partition.
Self-Acquired Property
Self-acquired property, on the other hand, is any property that a person owns over their lifetime via methods such as
- Payment for the purchase of a home or piece of land
- Getting a gift or transferring property through a gift deed
- Purchasing property after the owner’s passing through a final will and testament
- Acquiring real estate through a long-term lease or mortgage
This type of property will be regarded as self-acquired, and the owner will have complete control over how it is used, transferred, and inherited.
Key Differences
| Characteristics | Ancestral Properties | Self-Acquired Properties |
| Inheritance | Ancestry is based on birth. | Self-acquisition occurs by transfer by gift, sale, or will. |
| Property Ownership | Family members jointly possess ancestral property. | Self-acquired is owned by one person. |
| Transfer Rights | All heirs must agree before ancestral property may be sold or given as a gift. | The owner of self-acquired property is allowed to transfer it. |
| Succession | Ancestral property passes down. | Succession of self-acquired property in accordance with the will or testament of the owner. |
Frequently Asked Questions
1. Can I sell ancestral properties in India?
If the ancestral property is not divided among the heirs then you cannot sell it without the concern of all the successors.
2. Does tax exemptions apply for ancestral properties?
Yes, the selling of ancestral property in India is exempt from income tax. However, any revenue received from the inherited assets’ further investment, will be subject to taxes.
3. Can we divide ancestral properties?
Ancestral property is split up into several parts in a partition deed, and the ownership of each share is likewise altered. All co-owners must agree for the deed to be carried out effectively.
4. Can women inherit ancestral properties?
The Hindu Succession Act of 1956 granted women the same rights as males to acquire property. So, women can inherit ancestral properties in India.