What are the rules that qualify any property to be considered ancestral?

-Juhin Ajmera

In India, ancestral property is defined under the Hindu Succession Act, 1956, which applies to Hindus, Sikhs, Jains and Buddhists. According to the Act, ancestral property means any property that is inherited through four generations of male ancestors.

It is important to note that the term ancestral property is specific to Hindu law and may not apply to other religions or legal systems. Furthermore, the definition and legal implications of ancestral property can vary depending on the jurisdiction and the specific laws governing inheritance in that area.

To elaborate on the above, an ancestral property is a term used in law to refer to property that has passed through four or more generations within a family, usually through male descent. Has been passed down from generation to generation. A person gets the right by birth in the ancestral property. Generally, ancestral property refers to property that is inherited. In general, ancestral property is considered property that has been held within a family for four or more generations and that has not been divided or sold. To qualify as ancestral property, the property must have been acquired by a common ancestor, and it must remain undivided, unsold, and undivided in subsequent generations. When and if this property is divided, each person should get his separate equal share.

Consider this: If your great-grandfather owned ancestral property, it will go to your great-grandfather after his death. It will go to your father and his siblings after the death of your grandfather. However, in a similar situation where your great grandfather owned an ancestral property, it would pass to your grandfather after his death, but, your grandfather decided to divide the property among his children. In such a scenario, the property is no longer considered ancestral.

It is also worth noting that while ancestral property can be passed through the male line in India, there are legal provisions that allow female heirs to claim a share of the property under certain circumstances. For example, the Hindu Succession Act of 1956 allows daughters the same inheritance rights as sons in ancestral property, regardless of when the property was acquired.

Neha Pathak is Head of Trust & Estate Planning, Motilal Oswal Private Wealth