which is ancestor property
bindhu
(Querist) 26 October 2009
This query is : Resolved
i am a hindu male
what is ancestor property
if i get property from my father is it ancestor property
or
if i get propety from my mother is it ancestor property
Adv Archana Deshmukh
(Expert) 26 October 2009
Ancestral property is the property you receive by inheritance from father, father's father, father's father's father etc.
The property you receive from your mother is not ancestral property. Property inherited from a female is not ancestral.
Raj Kumar Makkad
(Expert) 26 October 2009
Archna has perfectly replied the quarry.
A V Vishal
(Expert) 26 October 2009
Previous to 2005 Amendment in the Hindu Succession Act,1956, the Ancestral property also called Copacenary property, wherein all the male members of the Joint Hindu family were called Copaceners, the female members were enjoying the right to maintenance in such Hindu Family but not to share the right in the Hindu Family Property.
Wherever there was division of the Joint Hindu Family property or the Ancestral Property or the Copacenary property, only the male Copaceners were entailed to get share in the property not female members, after the 2005 amendment, the daughters borne in any such Joint Hindu Family will be also entitled to get equal share as the sons, in other words daughters too will be considered Copaneners of the Joint Hindu Family entitled to equal share as the sons the male Copaceners.
The four generation rule for considering a property as Ancestral or Copacenary exists from time immemorial, well followed by the Indian courts.
The self acquired property of the grand father on his death without leaving a 'Will' devolves to his Class 1 Heir who in this case will be his widow, all his sons & all his daughters, in case any of his son or daughter died before his death, then the legal heir of the predeceased son or daughter will get the share which the predeceased son or daughter would have got.
The grand daughter of the grand father shall be entiled to get share of her predeceased father only, if the father is alive then she is not entiled to any share.
As far the division of the Ancestral/Copacenar property is concerned that can be sought anytime by any of the Copacener of the Joint Family.
The daughter being one of the Hindu Copacenar can now seek division of the ancestral/copacenary property as any son anytime during her lifetime.
The claim is executable at the time of partition of the ancestral/copacenary property in question, why wait for death of the father who himself is also one of the copacenar entiled to only one share as the daughter.
When the division of any Joint Hindu Family property/Copacenary Property/Ancestral Property take place each share the copacenar get becomes his or her self acquired property & doesn't remain part of the Joint Hindu Family property/Copacenary Property/Ancestral Property.
If this part of the self acquired property remains undivided in his/her family for next four generation including him/her then it acquires the same status that of Joint Hindu Family property/Copacenary Property/Ancestral Property but now here a new Joint Hindu Family takes shape with regard to the said property.
Sachin Bhatia
(Expert) 26 October 2009
Meaning of 'ancestral property.'
Ancestral properly means, as regards sons, property inherit from a direct male lineal ancestor, and, as regards collaterals, property inherited from a common ancestor.
mahesh kumar yadav
(Expert) 27 October 2009
hi this is mahesh
ancestral property means property which is inherited from grand father, great grand father and so on etc. the grand son will be having absolute rights over the property.
