8 FAQs On Ancestral Property
25 Aug, 2022 . 2 min read

8 FAQs On Ancestral Property

1. What is an ancestral property?

Ancestral property is not defined as such in law but any property which is four generations old is known as ancestral property. It should not have been divided by the users in the joint Hindu family because once the property is divided, the share that each coparcener gets becomes their self acquired property.

2. Which is not an ancestral property?

Properties inherited from mother, grandmother, uncle and even brother are not ancestral property. Property inherited by Will and gift are not ancestral properties. This means that property inherited from father or father’s father and so on is only considered as ancestral property.

3. When does the right of a person accrue in ancestral property?

The right of any person who is entitled to inherit accrues from the date of his/her birth, unlike other forms of inheritance which opens only on the death of the owner.

4. How is ancestral property divided?

The rights in ancestral property are determined per stripes and not per capita. Share of each generation is first determined and the successive generations in turn subdivide what has been inherited by their respective predecessor. For example, If Suresh has two brothers, their ancestral property will first be divided into three shares. The share of each brother can then be divided among their offsprings and so on.

5. When does self acquired property become ancestral property?

Self acquired property becomes ancestral property when it remains undivided till four generations and is enjoyed in common.

6. Do women have a share in ancestral property?

Yes, as per Hindu Succession (Amendment) Act, 2005, women have been accepted as coparceners. Now both male and female have equal rights over ancestral property.

7. Can undivided ancestral property be included in Will?

No, undivided ancestral property can not be included in your Will. You can only include those properties which you own yourself or have absolute share in any other property.

8. When can one include ancestral property in Will?

When one owns their specific and separate share in the ancestral property and has no legal heir then they can include it in their Will.

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