To claim the property as a right, the property must be an ancestral one. Any self-acquired property cannot be claimed as a matter of right.
To claim the property as a right, the property must be an ancestral one. Any self-acquired property cannot be claimed as a matter of right. In general, properties are of two kinds, (a) Ancestral property and (b) Self-acquired property. Ancestral property is something that passes onto generations after generations without separation. If one of the parties wants to claim it, they have to divide it amicably or file a suit for partition.
Generally speaking, ancestral property is something that qualifies the following two conditions.
Unlike other kinds of inheritance, the right to claim an ancestral property accrues with the act of birth of a person in the family. Once a person is born, he/she has some right over the property, which is their ancestral property. Now, a father (current owner of the ancestral property) and his son/daughter have equal ownership rights over the property. However, the share of each generation is decided first, after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.
So, as we have found it out, a right over a property accrues when the ancestor has died intestate. The legal heirs of a person died intestate are the eligible successor.
Inheritance in India is governed by various personal laws as well as the Indian Succession Act, 1925.
According to the Hindu Succession (Amendment) Act, 2005, the followings can be legal heirs.
If no person from class I is available in that legal case heirs from class II will have the inheritance right.
The class II group is divided into sub-groups, and these groups will have inheritance rights as a group in descending order. The followings are Class II legal heirs
However, a property inherited from your maternal side, i.e. mother, the maternal grandfather is not your ancestral property.
With the amendment of 2005, the Hindu Succession Act confers coparcenary rights upon the daughter too. In the present scenario, the daughter has equal rights as a son over the ancestral property. Before the amendment, the Act of 1956 had given right of coparcener only to the male member of the family.
The partition of the ancestral property can fulfil the claim to ancestral property. Ancestral property can be partitioned amicably by sending partition notice to all the coparceners or by a partition agreement or declaration for partition. Ancestral property can also be partitioned on contest through arbitration or by instituting a partition suit. Ancestral property is partitioned into equal shares to all the coparceners. Any coparcener, including a daughter, can seek partition of the ancestral property. The moment the ancestral property is partitioned, it would become the self-acquired property of each coparcener.
Though it is always better to look after the property jointly with the assistance of a big family with lots of members, in the present condition and scenario the above-mentioned concept has somewhat become utopian, with everyone looking for his/her benefit only, it is pretty hard to maintain an ancestral property amicably. That is why it is always a better option to have the ancestral property partitioned and enjoy your property without any dispute.
Trust: A ‘trust’ is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another.
Constitutional jurisprudence is the most abstract part of constitutional theory.
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