What is Ancestral Property?

In our nation, the concept of ancestral property has existed since time immemorial. We can say that this law has been used by us from the time when we found our sources of Hindu law. The term ancestral property is truly not defined under any legislation governing the succession and inheritance of property among the legal heirs. The Supreme Court of India always tries to clarify the position of law for ancestral property in India. The amendment of 2005 in the Hindu Succession Act has given the property rights of women in ancestral property. 

Types of property for succession

There are mainly two types of property for succession:

• Self-acquired property
• Ancestral property

What is self-acquired property?

Any movable or immovable property which you purchase or acquire by sale deed, gift deed or will of property. None of your legal here can claim their right over your self-acquired property. Even when your ancestor makes the will of ancestral property or divides the ancestral property during the lifetime, that ancestral property loss is its title and becomes self-acquired property. 

A father with his free consent can transfer his self-acquired property to any person. 

What is ancestral property?

Any undivided property that has been present through four generations continuously is known as ancestral property. Ancestral property should belong to your great-grandfather and passed to your grandfather after that your father and lastly to you. To make a property ancestral, the property must follow this hierarchy. Also during this process, this property should not be divided even into your grandfather’s or father’s brothers.

The ancestral property laws, seem based on the Mitakshara schools of Hindu law because they talk about the property of the great-grandfather which is undivided and now becomes ancestral property. The property inherited from mother, grandmother, great-grandmother, uncle and brother is not considered ancestral property. 

What is an undivided property?

A property that is not divided into new family members during the lifetime of the property owner is known as undivided property. When property a person divides his ancestral property between his two sons and one daughter, it will break the chain of ancestral property. 

Let’s make it simple with an example, a person is Shyam who divided his property into his two sons by making a will of property. After the death of Shyam, now his property will be divided between his two sons according to the will. This property cannot be considered as undivided property because he made the will of the property when he was alive. 

Can a father sell his ancestral property?

The general concept of ancestral property is that a person cannot sell the insider property more than his share in that property. If any of the family members want to sell the ancestral property for more than his share, the other family members can stop him from doing so. 

In India, we use the Hindu undivided family custom in which one member who is older than everybody in the family is known as Karta of the family. As a given title of Karta, he has the right to manage the expenses and income of the family. Also if the family was to buy or sell the property that decision is taken by the Karta of the family. The Karta of the family also manages the Hindu undivided family business. So the question arises what if the Karta of the family sells the property for the needs of the family?

Kehar Singh Vs Nachitter Kaur and others (2018)

The Supreme Court of India gave its judgment in this case by stating the facts that if the Karta of the family sells the ancestral property for the legal necessity of his family, that selling of property cannot be challenged. As the Karta of the family, he has the right to make the necessary decisions for the legal necessity of the family. 

Conditions when a person can sell ancestral property

The Supreme Court of India has given many decisions on this question: when a current of the family can sell the ancestral property? There are some conditions in which the Karta of the family can sell the property such as:

• To settle the ancestral loan
• To pay the government dues
• For the maintenance of family members
• For the marriage of a family member
• For the medical treatment of family member
• To give the court expenses in a litigation of a family matter
• For the improvement of family property

These are the conditions in which the Karta of a family can sell the ancestral property and no other family member can challenge this. In simple words, a Karta of the family can sell the ancestral property in any case if there is a need to fulfil the family’s legal necessity. He cannot sell the ancestral property just to fulfil his personal needs. 

Division of Ancestral property 

If the ancestral property is divided through a partition deed, family arrangements, will of property or any other way, it will lose its ancestral character. The ancestral property will be equally divided between the family members of the class. After the division, this property will become his or her self-acquired property. It means after the legal division of the property, the person who has acquired the property, his legal heirs cannot claim right over that property. 

If the person dies before making the will or division of the property, his ancestral property will be divided with the help of section 8 of the Hindu Succession Act 1956. 

Key points of ancestral property

• The ancestral property should be originally owned by the great-grandfather
• There should be no prior partition done 
• Legal heirs under ancestral property can claim their share in the property anytime.
• The child born in the family has the birthright over the ancestral property. 
• The ancestral property loses its title if the Karta of the family divides the property during his lifetime. 
• After the amendment in the Hindu succession act, now the daughter has equal rights to the ancestral property of her father.
• A person cannot sell all ancestral property without the prior permission of legal heirs. 
• The Karta can only sell the ancestral property to fulfil the legal needs of his family. 

Will of ancestral property

A person can will his ancestral property by taking some due care while writing the Will of property:

• He cannot will the whole property in which other family members are coparceners
• The person can make the will of his share in the property. 
• If there is no legal heir left in the property, the person can make the will of ancestral property.
• If all the coparceners in the property allow him to make the will of property. 

Historical Context and Evolution

Origins of Ancestral Property in Hindu Law

Ancestral property in Hindu law dates back to ancient times, particularly under the Mitakshara school. This type of property is inherited from a common ancestor and typically spans four generations. It is jointly owned by family members, known as coparceners. Traditionally, only male descendants were considered coparceners with equal rights to property by birth.

Changes in Legal Interpretations Over Time

The concept of ancestral property has evolved. Initially, it favoured male heirs, but legal amendments and important court rulings have expanded these rights. The Hindu Succession Act of 1956 was a significant effort to update Hindu personal laws. It recognized women’s rights in property inheritance, though their rights in ancestral property were limited initially. Later amendments and Supreme Court rulings have worked towards gender equality.

Legal Framework and Key Amendments

Hindu Succession Act, 1956

The Hindu Succession Act of 1956 provided a uniform system for inheritance among Hindus. This law reformed Hindu personal law by setting rules for succession and inheritance. It recognized the rights of female heirs for the first time, though these rights were initially limited compared to male heirs, especially in ancestral property.

2005 Amendment to the Hindu Succession Act

The 2005 amendment was a landmark change, giving daughters equal rights as sons in ancestral property. This aimed to eliminate gender discrimination in inheritance laws, allowing daughters to inherit and demand a share of ancestral property. This amendment has greatly changed the traditional dynamics of property inheritance, promoting gender equality.

Rights and Obligations of Legal Heirs

Rights of Sons and Daughters

After the 2005 amendment, both sons and daughters are recognized as coparceners in ancestral property. This means daughters now have the same rights as sons to inherit and demand a share of ancestral property. This change ensures daughters, whether married or unmarried, have equal rights to their family’s ancestral assets.

Obligations of Legal Heirs

Legal heirs have responsibilities towards ancestral property. They must manage and preserve the property, ensuring it is not misused or sold without the consent of all coparceners. Heirs must also ensure a fair division among all entitled members. These obligations help maintain the integrity of ancestral property within the family.

Judicial Pronouncements

Landmark Supreme Court Judgments

• Vineeta Sharma vs. Rakesh Sharma (2020): This judgment clarified that daughters have equal rights in Hindu Undivided Family (HUF) properties, regardless of whether the father was alive or deceased at the time of the 2005 amendment. The court ruled that the amendment was retrospective.
• Danamma @ Suman Surpur vs. Amar (2018): The Supreme Court ruled that daughters, even if born before the 2005 amendment, have equal rights in ancestral property. This reinforced gender equality in inheritance laws.

Impact of Recent Court Decisions

Recent court decisions have reinforced the equal rights of daughters in ancestral properties, ensuring gender equality in inheritance laws. These rulings affirm that the amendments to the Hindu Succession Act are retrospective, allowing daughters to claim their share even if the father passed away before 2005. These decisions are crucial for promoting gender justice.

Inheritance and Succession

Process of Succession in Ancestral Property

The process involves distributing property among coparceners. When a coparcener dies, their share is divided equally among the surviving members. This keeps the property within the family lineage. The legal framework ensures the partition of property among heirs, giving each coparcener their rightful share.

Dispute Resolution

Disputes over ancestral property are common and can be resolved through legal channels. Family members can approach civil courts for property division, sale, or inheritance disputes. Alternative dispute resolution methods like mediation and arbitration are also encouraged for amicable resolutions. The judiciary ensures fair resolution of disputes.

Gender and Property Rights

Impact of the 2005 Amendment on Women’s Rights

The 2005 amendment has significantly impacted women’s property rights, granting daughters equal rights to ancestral property. This promotes gender equality and empowers women economically, allowing them to claim their share of family assets.

Challenges Faced by Women

Despite legal provisions, women face practical challenges in claiming their rights. Social and cultural barriers, lack of awareness, and resistance from male family members are significant hurdles. Efforts are needed to educate women about their legal rights and provide legal aid and support.

Case Studies

Notable Case Studies

• Dispute Among Siblings: A dispute between siblings over ancestral property was resolved through mediation, ensuring fair division among all heirs.
• Women’s Right to Inheritance: A landmark case where a daughter successfully claimed her share of ancestral property despite resistance from male relatives. The court upheld her rights under the 2005 amendment.

Lessons Learned from Case Studies

Analyzing case studies provides insights into common issues and solutions related to ancestral property disputes. These lessons guide individuals in navigating similar situations and seeking appropriate legal recourse.

Future Directions and Reforms

Potential Reforms in Ancestral Property Laws

Potential reforms could include stricter enforcement of women’s inheritance rights, simplifying legal procedures for property claims, and measures to prevent illegal sales of ancestral property. Reforms should focus on clarity, fairness, and accessibility in inheritance laws.

Expert Opinions on Future Trends

Legal experts can offer insights into anticipated changes and challenges in ancestral property laws. Their perspectives help formulate policies and legal strategies to address emerging issues effectively.

Frequently asked questions

Conclusion

The legal heirs have the right over the property of their father. In the case of ancestral property, children can ask for their share during the lifetime of their father but if he is on the self-acquired property, their children whether son or daughter cannot claim or ask for the share in that self-acquired property. A father is free to make the decision whether he wants to transfer his property to his son, daughter or any other third person.