Inherited Lands: Ancestral Property in India – Meaning, Division, and Legal Insights!

Ancestral property is a property that is inherited from one’s ancestors. In India, ancestral property is governed by the Hindu Succession Act, 1956. The Act defines ancestral property as property that is inherited from a male Hindu ancestor.

The division of ancestral property is governed by the following rules:

• Sons and daughters have equal shares: Under the Hindu Succession Act, 1956, sons and daughters have equal shares in ancestral property. This is a significant departure from the previous law, which gave only sons the right to inherit ancestral property.
• Unmarried daughters have a right to maintenance: Even if an unmarried daughter does not have a share in the ancestral property, she has a right to maintenance from her father or other male heirs.
• Widows have a right to a share: A widow has a right to a share in the ancestral property of her deceased husband. This right is known as the widow’s estate.
• Divorced women have no rights: A divorced woman does not have any rights in the ancestral property of her former husband.

The legality involved in the division of ancestral property depends on the following factors:

• The existence of a Will: If the deceased person has made a Will, the property will be distributed according to the terms of the Will.
• The absence of a Will: If the deceased person has not made a Will, the property will be distributed according to the Hindu Succession Act, 1956.
• The number of heirs: The number of heirs will also affect the division of the property. If there are only a few heirs, the property may be divided equally. However, if there are many heirs, the property may be divided into smaller shares.
• The existence of any legal disputes: If there are any legal disputes over the property, the division of the property may be delayed or complicated.

If you are involved in a dispute over ancestral property, it is important to consult with a lawyer to understand your rights and options.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.