Frequently Asked Questions On Ancestral Property Law

QUERY #1

Dear sir/madam, Is there any time limit to file a partition suit in the case of ancestral property? Some people are saying if 12 years limit exceeded you cannot file a partition suit in the honorable court. Please guide me.

ANSWER

Dear Raja,

Thank you for the query! I am Aadil and I will try to answer your question.

The short answer to your question is YES, there is a time limit to filing a partition suit even in case of ancestral property, but it is bound by certain rules.

Before that, we must understand what ancestral property means in Indian law. Any property that is inherited from four generations of male ancestors classifies as ancestral property in India, as per the Hindu Succession Act, 1956. The said property remains under the definition of ancestral property as long as it is not partitioned, divided, or sold. Once that happens, it loses its status as ancestral property, meaning that your successors also lose their claim for inheritance.

Coming to the question, the Limitation Act of 1963 states that once a property is claimed, be it self-acquired or ancestral property, the partition suit must be filed within 12 years of the claim.

Therefore, once you claim your property, you must file a partition suit within twelve years from the day of the claim.

I hope this helps. Thank you for your time and patience!

QUERY #2

My grandfather wants to sell his ancestral property without taking any consent from me and my father. He wants sell his shared property but he won't give my shared property. Is it possible for him to sell this property when there is partition suit pending on the same property.

ANSWER

Dear Ram Lal Jat,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer for your question is NO, the ancestral property cannot be sold without the consent of the inheritors.

This is bound by the fact that the property classifies as ancestral. For a property to classify as ancestral in India, it must be a property that has been passed down through four generations of male ancestors, without being partitioned, sold, or divided, as per the Hindu Succession Act, 1956. Once the property is partitioned, sold, or divided, it loses its status as ancestral property, and therefore the four generations of inheritors also lose their claim over the same.

The ancestral property cannot be sold by the sole decision of one of the owners of the property, as there are four generations of inheritors with claim over it. Therefore, the consent of these inheritors is also necessary.

In case a partition suit is pending over the property, provided the court has issued an injunction order against the sale of said property, selling this property while the suit is pending would result in contempt of Court.

I hope this helps. Thank you for your time and patience!

QUERY #3

Can a person be one of the legal heir on his wife's ancestral property post her death in case they are having two major children and both are alive? 

ANSWER

Dear Sujit,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer for your question is YES, the husband can be a legal heir to his wife’s property.

In India, matters like ancestral property, inheritance and succession, are mainly governed by the Hindu Succession Act, 1956. This act defines ancestral property to be any property that is four generations old, and has not been partitioned, sold or divided yet. Once the said property is partitioned or sold, it loses its status as ancestral property.

As per this Section 15 of this act, the following is the order of priority of legal heirs to a female’s property upon her death:

1)    The sons and daughters along with her husband

2)    The heirs of the husband

3)    The mother and father

4)    The heirs of the father

5)    The heirs of the mother

As evident from the above list, the husband, along with the female’s sons and daughters are legal heirs to her property.

Also, Section 14 of the same act defines ‘property’ to be any property, movable or immovable, self-acquired or inherited.

Therefore, the husband can very well be a legal heir to his wife’s ancestral property, or any property that she was the rightful owner of.

I hope this helps. Thank you for your time and patience!

QUERY #4

We are 4 in the family (3 sons [s1,s2,s3] and 1 daughter [d1]) for our parents. Dad passed away 5 years ago. Mom has  a house (A1) and one commercial land (C1) under her name but our Dad spent each penny on the property.  

There are few paternal property namely (P1, P2, P3, P4, P5...) but the youngest son s3 is doing all the renovations on all properties (A1, C1, P1, P2, P3, P4, P5) without the consent of all the other sons and daughter. Mom agrees for all the request made by the youngest son. He says that he spent around 3 crores. Daughter does not care and does not want to file a case against anyone but wants to enjoy the property/money share. Dad did not write any Will.

Should the sons s1 and s2 file a case against Mom? 

Should everyone agree for the 3 crores spent by s3 eventhough he did not get the approval from us ? 

Should we stop the renovations on the property ? we kept quiet for the renovations done on the rest of the property. 

Do we file a case against s3? 

Please help us the law here. Thank you for spending time on this.

Regards.

ANSWER

Dear donmax2004,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is YES, the two sons may file a suit of partition for the properties left by the father.

It must be noted that since the properties owned by the mother (C1 and A1) are self-acquired properties and not inherited, her children cannot have any claim towards these properties until her intestate death or if their names were present in her will. For now, the mother has full control over her property and may choose to sell it or transfer it to someone else and no legal objection can be raised by her children.

The properties left by the now deceased intestate father can be claimed by his children along with his wife. This is in accordance with the Hindu Succession Act 1956, which in its Section 8 states the order of priority in which the property of a deceased male may be inherited.

Coming to the question, it is possible to file a partition suit in the respective Court in cases of property dispute. A partition deed will then be made which will list the respective portion of the property claimed by each party. A legal notice may be sent to the defendant first which if left unattended, can be replied to with legal action. 

It must also be noted that once a property is claimed, the partition suit must be filed within twelve years from the day of the claim as per Article 65 of the Limitation Act.

Therefore the two sons may opt to file a partition suit in the respective court if they are unhappy with the current state of things, after which a partition deed will be made which will list the respective portions of the property that the three sons, one daughter, and the mother shall receive.

I hope this helps. Thank you for your time and patience!

QUERY #5

If my father writes his will (of my grandfather's property) on my name, does my sister have the right to go to court and ask half the share of the property?

It's not that I am not empathetic or greedy to share with my sister, I do support her financially, but she never loved my parents nor cared for them. She is submissive for her husband and thinks of getting property for her narcissistic abusive alcoholic husband.

Still I do support her for her basic necessities.

Please let me know.

Thank you.

ANSWER

Dear Siddharth,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question will be NO, your sister shall not have any claim towards her father’s property, provided said property is self-acquired.

The answer to your question depends on whether the said property is ancestral or self acquired. 

For a property to come under ancestral property in India, it must be one that has been passed on for four generations by the male ancestors, according to the Hindu Succession Act, 1956. It must not have been partitioned, sold, or divided during this time. If it was, the property will lose its ancestral status and shall now be treated as self-acquired property.

If your property is ancestral, then the two children (You and your Sister) shall have the claim for inheritance to said property, which means your sister has the right to go to court for the same.

Assuming that your property is not ancestral and is instead self-acquired, it is completely upon your father to choose who may inherit his property by including their name in his will. This right cannot be questioned by any of his children, including his daughter.

Even though your father only acquired this property upon the death of his intestate father (Your Grandfather), him being a legal heir to his father as per Section 8 of the Hindu Succession Act, 1956, gives him complete control over this property. His children shall have no claim over it unless he dies intestate or if their name was included in his will.

I hope this helps. Thank you for your time and patience!