can ancestral property be willed

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Home ? Blogs ? How can one claim to the ancestral
property How Can One Claim To The Ancestral
Property In Property Trends
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• In general terms, an ancestral property is a
  property or the land parcel that belonged to
  ones ancestors. However, a resident in Mumbai
  is pretty doubtful whether he will be getting his
  share of the ancestral property, a farmland that
  was bought by his grandfather. Now, his father
  is planning to sell off the land without his
  consent. What exactly are the options to reclaim
  the share?
• As per the law, the properties can be classi?ed
  into two- an ancestral property and the self-
  acquired property. The ancestral property is, in
  fact, the self-acquired as well as the undivided
  property of the grandfather of a person.
• Here is a list of essential facts pertaining to
  the rights to secure the share in the ancestral
  property-
• What is an ancestral property?
• Legally, an ancestral property is the one which
  is actually inherited up to 4 generations of the
  male lineage. The right to share the ancestral
  property accrues by birth itself, unlike other
  forms of the inheritance, where the legacy opens
  upon the death of the owner.
• The share of father and son in ancestral property
• The father who is the current owner of the
  ancestral property, as well as his son, has equal
  ownership rights over property. The share,
  however, of each generation which includes the
  father and his siblings is decided ?rst after
  which successive generations have to subdivide
  portions that are inherited from the
  corresponding predecessor.
• The share of sons and daughters in the ancestral
  property
• Delhi High Court had ruled in 201 that the adult
  son had no legal claim on the parents self-
  acquired property. Where the house is a
  self-acquired house of parents, a son, whether
  unmarried or married, has no legal right to
  reside in that house and can reside in that house
  only at mercy of parents up to the time the
  parents allow.
• Once the ancestral property is partitioned
  between the family members, it would cease to the
  ancestral property. The father has the choice to
  not will-out the self-acquired property to his
  son. This isnt valid in the case of the
  ancestral properties.
• The Hindu Succession Amendment Act, 2005 confers
  the status of the coparcener on the daughter
  giving them equal rights with the son on the
  ancestral property. Only the male members of the
  family were coparceners before the amendment
  which has modi?ed Section- 6 of original Hindu
  Succession Act 1956 that didnt mention the
  rights of the daughters in coparcenary property.
• Some facts about the ancestral properties
• The right to share the ancestral property comes
  by birth
• Properties of paternal ancestors cant be sold
  without the consent of successors. It can,
  however, be reclaimed by ?ling the suit for
  partition in the court
• Coparceners including the daughters can look for
  partition and sale of the ancestral home and
  secure his or her share
• The property is regarded as the ancestral
  property provided it isnt divided by members of
  the Joint Hindu Family
• Similarly, if the share is denied you can
  certainly send legal notice demanding the rights
• The properties acquired from the maternal side
  doesnt qualify to be the ancestral property

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• Once the inherited property is partitioned, the
  received share by each coparcener becomes her or
  his self-acquired property
• The head of the undivided family has the power to
  manage family assets under the law. But when it
  comes to the rights and ownership of the
  ancestral property, each of the coparceners is
  entitled to getting the share
• Thus, as per the law, the son can claim over the
  ancestral property and ask for his share, no
  matter, whether the father is selling off the
  property or not.

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