India is documented for its “Unity and Diversity.” Every religion has its laws and own rules, and one of them is ancestral property. Joint Hindu families led by Karta and Coparceners(successors of Karta). This Karta can share his property with his three generations (son, son’s son, son’s son).
And that property is “Ancestral Property.” It is a part of coparcenary property. A coparcener has his rights on the ancestral ownership from his birth. Consistent with the 2006 Hindu Succession act, daughters also have an equal right in ancestral property. Let’s read about Ancestral Property and Coparcenary Property in detail.
The ancestral property, when shared among coparceners, is a coparcenary property. There is little difference between coparcenary and self-acquired property. If an individual owns land or ownership through his humanitarian efforts, it is called self-acquired property. But a coparcenary property includes properties through will or gift or ancestral property. So to urge detailed information, let’s dig big!
Coparcener has the right on this ownership from their birth. To form it as an ancestral property, it has to pass down the road for four generations with no divisions. So, only great-grandchildren and their children have the proper right to the present property.
Once an ancestral property breaks, it becomes a self-acquired property to the coparceners, and it no longer is an ancestral property. It again becomes ancestral as long as it passes right down to three generations without division.
These statements are for joint Hindu families consistent with “The Hindu Succession (Amendment) Act 1937. Earlier, this law is applied to sons within the family. But, as the government aims to guard equality, in 2005, the government passed an order stating that daughters and great daughters have the right to ancestral property. So now any coparcener, regardless of their gender, can claim the ancestral property. No other third party unless stated by Karta features a right over ancestral property.
The property is claimed to be Ancestral if;
- The property is four generations old.
- The property hasn’t been divided by the members of the family.
- The person has the proper ownership from his/her birth.
- The shares are first determined for every generation, and later this might change whenever an individual is added or subtracted.
- Per strips control the property rights and not by per capita.
Which Properties Are called Ancestral, And Which Are Not?
1. Property From Paternal Ancestors
In the Hindu undivided family, successors can get their ancestral property.
2. Property From Maternal Ancestors
Property that comes from maternity isn’t termed as ancestral. It is termed as self-acquired property.
3. Property From Females
When a female gets ancestral property consistent with the 2005 Amendment, it is not treated as ancestral property anymore. And so the property is going to be treated as self-acquired property by her.
4. Property Obtained Through A Will
When a property is acquired through a will or present, it is either ancestral property or self-acquired property. It depends on the desire of the ancestors. If the ancestor makes a press release that the inheritor should take the property on behalf of the family, it is said to be an ancestral property. If no condition is formed, it’s considered to be self-acquired property.
Property acquired by coparceners through a division of ancestral property is termed as coparcenary property. The division of ancestral property maybe because of the welfare of the family. The property, after dividing equally among the coparceners, is termed as self-acquired property. It’s almost like self-acquired property, but actually, a self-acquired property is worth human effort. And it is not shared by all the coparceners within the family-like ancestral property.
Coparcenary refers to an equal inheritance that an individual can get in a Hindu Undivided Family. It is a joint inherit property and has unity of possession. Consistent with the Hindu Succession Act, 2005, it’s clear that ladies even have equal rights in ancestral property. This property comes under Mitakshara law.
Who Are Often A Coparcener?
A person is claimed to be a coparcener when he/she features a right from birth. He/ she will apply for partition whenever he/she wants. But a member of the family who doesn’t have the right cannot apply for partition.
To know this far better, we would like to know the Hindu Undivided Family (HUF). HUF is a group of people who live in the same household, and a common relationship bounds all. This means they are the lineal descendants of a standard ancestor. This group includes Karta and his descendants named as coparceners. This law is additionally meant for Jainism, Sikhism, and Buddhist aside from Hindus.
Note that this ancestral property and coparcenary property is for the Hindu system. There’s no concept of this in Muslim and Christian law. Both these properties are inheritors either by Will/gift or after their legal heir’s death.
How Is Ancestral Property Divided?
Karta alone cannot divide the property without fear of coparcener. Partition is often done:
- When a coparcener declares to break away Joint Hindu family
- When he/she sends a notice.
- When he converted to a different faith.
- Under the Marriage Act.
- Partition by agreement
- Partition by Arbitration
- Partition by suits.
And it is divided equally, and it fluctuates when there’s an addition of coparcener.
1. Am I able to will my share in the ancestral property?
2. Can a father give all his money to at least one child?
3. Is it true that ancestral property once divided becomes self-acquired?
4. How does one convert Ancestral to Self-acquired?
5. How does one prove a property is self-acquired?
6. Can the daughter claim the mother’s property?
7. Can the husband sell the ancestral property without the consent of the wife?
If you have children, then the solution is no. Immovable property like the land is often sold without the wife’s consent.