How You Find Out About Your Ancestor’s Property In India?
Ancestor’s Property In India- In the lack of sufficient information, retrieving century-old land records for an inherited family property may prove to be a difficult undertaking. Therefore, it is essential to have the required information available in order to assert a claim to ownership of such a property. This blog offers a detailed tutorial on how to locate information on ancestor property in India.
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It is common for immovable property to be handed down from one generation to the next in order to preserve family ownership. Although such items are cherished possessions, they frequently come with false or partial information, which causes legal problems. As a result, the owners must have information on their ancestors’ property.
What exactly is ancestors’ property?
Property inherited from a father, paternal grandpa, or great-grandfather is referred to as ancestral property. According to a few revisions made to the Hindu Succession Act of 1956, a son’s inheritance is now considered self-acquired property rather than ancestral property. Therefore, some properties—including those inherited from the mother, grandmother, uncle, and even brother—are excluded from the definition of “ancestral property” in the Supreme Court’s (SC) ruling on the subject. Additionally, property acquired by a will or gift deed is not considered ancestral property.
How many generations can claim property that was once owned by ancestors?
This inquiry concerning the ancestral property is frequently made. Take the example of the property that your father’s great-grandfather possessed. How does that affect you? Is it acceptable to make a stake claim? Four direct male generations can each stake a claim to an intact ancestral home. In other words, X’s four generations would be entitled to any property he had.
Here, there is only one need that must be fulfilled: the property must remain intact until the fourth generation. A son is born with the right to inherit family lands. The right to the property still exists even in the event that the son is alienated or disinherited.
Female ancestral property rights
Women were not allowed to assert their claims to ancestral property under the Hindu Succession Act of 1956. This was altered in 2005 when the Act was amended. The Supreme Court made sure that women have equal rights to inherited property in its decision. The property share does not, however, remain ancestral property if the daughter transfers it to her son or daughter. Simply said, the property will be inherited.
The difference between inherited & ancestral property
If you obtain property through a will or as a gift after the owner passes away, it is regarded as inherited property. A family member can entrust you with inherited property, but inheritance from an ancestor is passed down through birth. Understanding that assets received from your brother, grandmother, mother, uncle, or other family members do not count as ancestral holdings is essential. Ancestral property is whatever you received from your father, grandfather, great-grandfather, or great-great-grandfather.
How to find out about ancestral property details?
Inheriting an “ancestral property” in India is a typical occurrence, however the inheritor frequently struggles to find the specifics of the land, especially when it is situated in a hamlet or taluka. Here is a step-by-step tutorial for finding information on ancestral property:
- Go to the ‘bhumi jankari’ website of the relevant State and select ‘query’.
- Select the district, taluka, or village next. Look up the names of your ancestors here.
- Go to the Tahsildar’s office and ask for the Village form 8-A computer record if you can’t find the name there. You can determine the total holding of your forefathers in the village if you obtain this form.
- If you are still unable to obtain the property’s specifics, request Forms VII-XII, VI, and VIII-A. According to Section 327 of the MLR law, you can look over these village forms. You must review all of the forms at the Tahasildar’s office if you don’t have the land’s survey number.
- Once you have the survey number, you can use Form VI to look up the history of the property. By going to the official website of the land & registration department, you can also use the survey number to do an online search for the history of the property. Once you know the history, you can immediately ascertain the property’s current condition.
- Apply to make the necessary adjustments to the Record of Rights (Village form VI-XII) once you have located your family property.
- Consult a lawyer to learn more about the procedures to assert your ownership of the property.
What exactly does Indian ancestral property mean?
An ancestral asset is one that is-
- spanning at least four generations
- not distributed among joint family members. The share that each coparcener receives after the property is divided becomes self-acquired property once it has been divided.
- not a trait that was passed down from the mother, grandmother, uncle, or brother
- not passed on through a will or gift deed
Things to know about ancestral properties
- If it is not divided, a self-acquired property may become ancestral. On the other hand, if it is distributed to the legal heirs, the property’s status will become “self-acquired.”
- The birthright to a share in an ancestor’s property exists.
- Each generation’s share is calculated, and the following generations must divide the portion that their fathers & forefathers received.
Who is allowed to sell ancestral property?
Hindu law grants control over family assets to the head of a Hindu Undivided Family (HUF); nonetheless, an ancestral property cannot be sold by a single owner because four generations have a claim to it. Each stakeholder must agree before an undivided ancestral property can be sold. All coparceners, even daughters, must divide and sell the inherited property. If their claim to the property is rejected or if it is sold without their consent, stakeholders may serve legal notice on the infringing party.
The time limit for claiming ancestors’ property
Within 12 years, a legal heir may assert their claim to inherited property. However, a legal heir has three years from the date of the sale to initiate a civil lawsuit to prevent the sale of ancestral property. A civil lawsuit may be used as legal action if the legal heir is a minor. Once he turns 18 years old, he can use it in three years. Additionally, the court may grant the request if there is a good justification for delaying the claim.
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