What is the definition of ancestral property?
Querist :
Anonymous
(Querist) 27 December 2011
This query is : Resolved
Dear Experts,Will you please tell me about ancesral property definition under which son or daughter has birth right to ask his/her share from his/her father ?
Please also provide the reference of book with page number(i.e. in which law-book the ancesral property definition is written).
I am asking the above question because not only the ordinary people but also the lawyers are also has different opinion on this matter. Some Lawyers says that the property purchased by Grandfather is ancestral and some says that the property purchased by Great grandfather will be treated as ancestral.
adv. rajeev ( rajoo )
(Expert) 27 December 2011
Ancestral property means property earned by propositus of the family, which is yet be partitioned by their sons.
In the ancestral property son and daughters of the propositus have to birth right. Even grand sons and daughters have got share in the share of their father.
Eg. x ( propositus) ( died)
: _ y (wife)
:
____________________________________________
: : : : :
son daughter son son daughter
X is died and during the life time he had earned some properties. Those properties are still undivided. IN all the properties of X sons & daughters have got equal share.
prabhakar singh
(Expert) 27 December 2011
Understand those lawyers correct who says that "the property purchased by Great grandfather will be treated as ancestral."
Buy book of Mulla on hindu law.
Deepak Nair
(Expert) 27 December 2011
Agree with Prabhakar Sir
Querist :
Anonymous
(Querist) 27 December 2011
Dear Prabakar ji, Shri Rajeev ADV. has also answered my Query, his reply is just reverse of your reply. Both of you are in the top Ten in "HALL OF FAME". whose answer to be treated as correct?
N.K.Assumi
(Expert) 27 December 2011
(a)Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. In simple words if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property
(b) As per HSA section 6, when a son is born to a male Hindu holding Ancestral property, father and son become entitled jointly and equally all rights over the property. In simple words the son acquires "birth" right over father's ancestral property
Great Great Grand Father -> self acquired property "X"
|
Great Grand Father
|
Grand Father
|
Father -> now, father is said to be holding an ancestral property X
|
Son -> has "birth" right on X, father and son equally share right on X
So Son has BIRTH right on unpartitioned Paternal Great Great Grand Father's self acquired property --> Am i right ?
Note:
1) the birth right described above also holds good for daughters after HSA 2005
2) Great Great Grand Father has self acquired property X means:
- Purchased X by his own labor
- Inherited X as its heir
- Got X via will
- Got X as a share being one of the coparcener after the partition
- Got X by "birth right" on his father's ancestral property after partition
prabhakar singh
(Expert) 27 December 2011
Do not know how to answer you at this conflict.To right any thing would be a self praise or criticizing a brother.
Then what to do???
Better a little more labor,quoting Mulla!!
Mulla
THE PRINCIPALS OF HINDU LAW(14TH EDITION)CHAPTER XII BEGINS WITH PAGE 261.ITS SECTION 212-229 TELLS ALL ABOUT 'JOINT HINDU FAMILY','HINDU COPARCENARY'AND 'ANCESTRAL PROPERTY'.
NOW I SHALL PUT HIS OWN WORDS BUT IN VERY SHORT AS IT IS STRAIN FUL FOR ME TO TYPE AN ART I DO NOT KNOW.I AM INDEX FINGER TYPIST.
''212 JOINT HINDU FAMILY-A joint hindu family consists of all persons lineally
descended from a common ancestor,and includes their wives and their unmarried daughters.A daughter ceases to be a member
of her father's family on marriage,and becomes member of her husbands family.''...the existence of joint estate is not an essential requisite to constitute a joint family.''
page261.
SECTION 213.HINDU COPARCENARY-''A Hindu Coparcenary is a much narrower body than the joint family.It includes only those persons who acquire by birth an interest in the joint or coparcenary property.These are sons,grand sons and great grand sons of the holder of the joint property for the time being,in other words,THE THREE GENERATIONS NEXT TO THE HOLDER IN UNBROKEN male DESCENT.''
''To understand coparcenary it is important to note the distinction between ancestral property and separate property.PROPERTY INHERITED BY A HINDU FROM HIS FATHER, FATHER'S FATHER, OR FATHER'S FATHER'S FATHER IS HIS ANCESTRAL PROPERTY.PROPERTY INHERITED BY HIM FROM OTHER RELATIONS IS HIS SEPARATE PROPERTY.THE ESSENTIAL FEATURE OF ANCESTRAL PROPERTY IS THAT IF THE PERSON inheriting it has sons,grand sons,or great grand sons,they become joint owner with him........ANCESTRAL PROPERTY IS A SPECIES OF COPARCENARY PROPERTY.''.................
Thus if A inherits the property from his father say GGF,and A has sons B and C and B has son D and C has son E,D and E also have sons F and G respectively and F has a son X.HERE COPARCENARY CONSISTS OF A,B,C,D,E,F,G only,IN ALL 7 MEMBERS OF SONS
B,C;GRAND SONS D,E;GREAT GRAND SONS F,G BUT NOT OF GREAT GREAT GRAND SON X,EVEN WHEN BORN.
prabhakar singh
(Expert) 27 December 2011
could you notice"'THE THREE GENERATIONS NEXT TO THE HOLDER IN UNBROKEN male DESCENT.'"
a[holder]
*
*
b[son]
*
*
c[grand son]
*
*
d[greatgrand son]
H.M.Patnaik
(Expert) 28 December 2011
Oh! great Prabhakar ji, your final reply sets all doubts to rest.Thanx for enlighening adequately.
Wish you years of contented persuit of knowledge.
Querist :
Anonymous
(Querist) 10 January 2012
Dear Prabakar ji,
Your own Statement as above is:-"PROPERTY INHERITED BY A HINDU FROM HIS FATHER, FATHER'S FATHER, OR FATHER'S FATHER'S FATHER IS HIS ANCESTRAL PROPERTY."
On the other hand you are saying that:-"Understand those lawyers correct who says that "the property purchased by Great grandfather will be treated as ancestral."
Will you please get clear?
Querist :
Anonymous
(Querist) 10 January 2012
Dear Prabakar ji,
Your own Statement as above is:-"PROPERTY INHERITED BY A HINDU FROM HIS FATHER, FATHER'S FATHER, OR FATHER'S FATHER'S FATHER IS HIS ANCESTRAL PROPERTY."
On the other hand you are saying that:-"Understand those lawyers correct who says that "the property purchased by Great grandfather will be treated as ancestral."
Will you please get clear?
Raj Kumar Makkad
(Expert) 15 January 2012
There is no deficiency in the words of prabhakar singh when he says to correct the experts who says that "the property purchased by Great grandfather will be treated as ancestral."
3rd generation can only claim for the ancestral property.
