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Aravind S
in Property Law Family Law Land Law
Asked January 19, 2018

Transfer of ancestral property

  • 1 Answer

Subject: Query requesting to clarify my legal rights on ancestral commercial property plz clarify my legal rights on ancestral commercial property My Religion- Hindu Dear Sir/Madam, My father is the owner of sets of commercial properties (shops rented in bazaar) inherited from his father, his grandfather devolved lineage which is currently rented out for commercial purposes. The rental income for the entire property is collected and used up by my father to himself for the past 20 years since his inheritance. All these properties are transferred to him through a Will (95%) & gift deed (5%) from his parents. As part of the discrimination behavior without conscience towards me, now my father threatens me saying that he is going to pass on the entire property to my elder brother through a legal process in future. Is it possible to claim my legal share on the above said property when both my father & mother are alive? If possible kindly let me know the procedure to be done vividly. Expecting your kind guidance as a trail reply for my above query.. Thanks and Regards, Aravind

Answer 1

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.Property inherited by a Hindu from his father, father's father or father's fathers' father, is 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, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.

So in your case the property of father does not come under the head ancestral. So your father can alienate the property as per his wish. 

Agree Comment 0 Agrees about 3 years ago

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