Here's a breakdown of its definition, rights, and how to find the documents that you need to claim ancestral property
Ancestral property, the land or assets passed down from one generation to the next, is often the cornerstone of family legacies. While it's cherished, it frequently leads to disputes when the records are incomplete or unclear. When you start to dig into the inheritance, things can get confusing, especially if the property is in some remote village or the details are just scattered across decades of paperwork.
Here's a breakdown for those trying to figure out what is going on with their ancestral property, and how to ensure you can actually claim it when it's time.
In its simplest form, ancestral property is land or assets passed down through four generations of male lineage in Hindu families. It typically stays undivided among the family, from the great-grandfather down to the current generation. That means everyone in that lineage has a right to the property because they were being born into the family.
For it to count as ancestral property, it needs to meet a few criteria:
It must remain undivided, no formal partitioning.
If partitioned, the shares become self-acquired property.
Every member holds equal interest, no matter what.
The rights are inborn; you can't sell or relinquish them without consent.
Now, under the Hindu Succession (Amendment) Act of 2005, even daughters are considered coparceners, meaning they can now lay claim to ancestral property. So, it's not just sons anymore.
Ancestral Property Vs Inherited Property
Ancestral property isn't quite the same thing as inherited property. Here's a quick breakdown:
Ancestral property: You get rights just by being born. It's joint, undivided, and tied to your father's side of the family.
Inherited property: You inherit it through a will or gift, and it gives you absolute control.
While ancestral property can't just be sold off without everyone's consent, inherited property can be sold or willed however the inheritor sees fit. So, there's more flexibility with inherited property.
Under Hindu law, ancestral property is passed down undivided through the male lineage, meaning no one sold or partitioned it in between. The right to claim kicks in by birth, not by will. The moment you're born into a Hindu family, you inherit a stake, if the property is ancestral and undivided.
So, who exactly qualifies?
The owner (1st generation)
His children (2nd generation)
Grandchildren (3rd generation)
Great-grandchildren (4th generation)
Beyond that, the fifth generation has no birthright unless the property was still undivided and in joint status. Once it’s partitioned legally or sold, the “ancestral” tag is lost.
Since the 2005 amendment to the Hindu Succession Act, daughters also get equal birthright in ancestral property, just like sons, provided the property wasn’t already partitioned before that date.
Prior to 2005, women had no rights in ancestral property. But things changed. In 2005, women were given equal rights by a Supreme Court judgment. Daughters were given the right to inherit and manage ancestral land the same way as their brothers. But, there's a catch: If a daughter chooses to transfer her share to her children, ancestral property loses its meaning and status and becomes a regular inherited asset.
Can a son-in-law claim rights over his wife's ancestral property? The answer to this question is no. Ancestral property rights are limited to direct descendants in the Hindu Undivided Family (HUF). The son-in-law doesn't count. Even if he financially contributed to the property, he can't stake a claim.
Finding the documents for ancestral property can be a hassle, especially if the land is in some distant corner from where you currently reside. But there are ways to track it down. Here's a basic guide:
Start by checking the concerned state's 'Bhumi Jankari' or 'Bhulekh' website. You'll need to know the district, taluka, or village.
Search using your ancestor's name or, in some cases the survey number of the land.
If the records are withheld or not maintained, visit the Tahsildar's office and request for the computerised records.
If, after all that, you still can't find the information, ask for Form VII-XII and other village forms at the office. These could be useful in tracking the history of the land.
Once you have the survey number, you can get the property history and its current status online from the land and registration department.
And if all else fails, a property lawyer can help tie loose ends and make sure everything's in order.
Before you can receive your share of the property, you'll be asked to submit a few key documents:
Claimants must possess the title deed, sale deed, or land records.
The relation with the ancestor will also be evidenced (heir's certificate, birth certificate, etc).
Death certificates of those with an interest in the property.
Receipts for land tax to prove ownership and possession.
Partition deeds, if it was a division of property already.
Nav Records reflecting changes in ownership of land.
Valid ID proofs like Aadhar card, PAN card, or voter ID.
An encumbrance certificate indicates no dues or that the mortgage is pending.
Under Hindu law, all coparceners, whether they're sons, daughters, or grandkids, need to come on board for anyone to sell undivided property.
The Karta also known as family head might be able to sell it in certain situations, including settling family debts. This could be a complicated legal process.
Once the property is partitioned, however, each person becomes the sole owner of their share and can sell it on their own with no family consent needed.
Legal timelines are crucial in property claims. According to the Limitation Act of 1963, you've got 12 years to claim your ancestral property, starting from the day your right to it was denied. If it's about preventing someone from selling the property, you've only got three years from the date of the transfer.
For minors, this three-year window doesn't open until they turn 18. And if there's a good reason why you didn't make the claim in time, the court might still consider it. But, you'll want to act fast. A long delay could result in losing your right to the property.