Rakesh Kumar (Private) 22 February 2022

Difference between family partitioned property vs ancestral property

My father received agriculture property through family partition. In that 1 acre of land is not ancestral property, which was bought by my father and his brothers. Can he deal this property as his wish? or this 1 acre is considered as ancestral property. Still all the legal heirs has equal rights on this 1 acre of land?

Please clarify.

he can deal with the property as he wishes

Read more at: https://www.lawyersclubindia.com/forum/hindu-family-property-distribution-issue-between-brothers-222470.asp

Thank you!

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4 Replies

Mayur Shrestha 22 February 2022

Dear querist,

1. This particular property is bought by both your father and your uncle, so, therefore, the decision regarding the use of that shall be taken consensually because of the joint-ownership of the same.

2. Yes, all the valid legal heirs mentioned under the HSA, Act can validly inherit the same through will, deed, or transfer.

And regarding the ancestral property, it shall be divided equally amongst all the heirs of the father. ancestral property refers to that property inherited by the ancestors of a person who is a member of a Hindu joint family irrespective of a number of generations.

Hope this helps.

Dr J C Vashista (Advocate) 23 February 2022

The property stated to have been purchased by your father with his brothers, it is their self-acquired property which can be disposed off by them.

Rakesh Kumar (Private) 23 February 2022

Thank you Sir. So you mean even though my father received through family partition. He can register/sell to anyone as per his wish without me and my brothers intervention right?