In popular culture, ancestral property is often the subject of sprawling soap operas, the stomping ground for massive family feuds. But beyond that, ancestral property is an asset that has tangible and intangible benefits.
What exactly is ancestral property?
Ancestral property is legally defined as land that has been in the family for at least up to four generations. It is different from the self-acquired property, which an individual acquires independently. A property that has undergone partitions and divisions among members of a Hindu Undivided Family (HUF) does not qualify as ancestral property. Nor does property inherited from mothers, grandmothers, uncles or brother or as a gift.
Gaining property rights
The right to a share in the ancestral property is acquired by birth and not upon the death of the current owner of the property. Until 2005, the Hindu Succession Act (HSA) stipulated that only male heirs would be eligible for a share in ancestral property. This was later amended to include women.
- Intestate death – if the owner of the property dies without leaving a will, then all legal heirs can claim a share in the property. The HSA classifies legal heirs as the widow, children, and mother.
- Self-acquired property – if the father dies leaving his self-acquired property, then the legal heirs do not automatically include daughters. The father, in fact, has the right to will it to anyone he chooses.
- Married daughters – The amendment to the 2005 HSA brought about changes to the rights of married daughters, as well, making them eligible for a share in ancestral property.
- Fathers and sons – siblings of the owner of the property get first preference. After the property has been apportioned to each sibling the owner’s children can now claim a share of their father’s portion of the property. However, with the division the property is now no longer classified as ancestral.
- Grandchildren – A daughter’s grandchildren have equal rights to a share of undivided ancestral property.
Selling your share
You have the right to sell your share of an ancestral property if you are the head of a HUF. However, it is not an individual choice as other family members who own a share might raise objections.
There are many ways to claim but planned is always good. Make a well beforehand and decide what you getting or what they want to give you with their own will.
If a married daughter can sale out her parents’ property without any concent of other co-sharer like breather ?
There is no will / directions left by father for his siblings.
In case ,one of the two siblings does not come forward to collect his/ her share, nor commits in writing of his/her disinterest in his share, does it ( share) automatically go to other sibling willing to take.? what safe guards are advisable for the care taker of the moneys.
Alternatively, is sister or brother of the deceased is entitled to act on his brother’s wishes, expressed informally to give to religous places.