ansisteral property and joint family assets

Querist : Anonymous (Querist) 13 April 2023 This query is : Resolved
Difference between ansisteral property and joint family assets.

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Ancestral property is inherited from a Hindu male ancestor through three preceding generations (father, paternal grandfather, paternal great-grandfather) and grants rights to sons, grandsons, and great-grandsons by birth. Joint family assets, conversely, are simply properties owned by two or more individuals, regardless of the source of acquisition or familial relationship. While joint family status is based on relationship, ancestral property is an adjunct to it, with a presumption in favour of it unless proven otherwise.

kavksatyanarayana (Expert) 13 April 2023
Is it a question paper? It is not a legal query. 1. Property inherited by a Hindu from his father, father’s father, or father’s fathers’ father, is ancestral property. Any property acquired by the Hindu great-grandfather, which then passes undivided down the next three generations up to the present generation of great grand son/daughter. This property should be four generations old. 2. Joint-owned property is any property held in the name of two or more parties, like husband and wife, or business partners, friends, or family members.

Dr J C Vashista (Expert) 14 April 2023
What is your problem / concern / dispute and locus standi to subject property / asset(s) ???

Sri Vijayan.A (Expert) 14 April 2023
It is only an academic question.
If you have any specific problems or disputes, Experts can advice you.

For this type of questions, please post it in Forums and discuss.
Thank you.

T. Kalaiselvan, Advocate (Expert) 14 April 2023
Possession of a joint family property is not a necessary requisite for the constitution of joint family. It is true that for the existence of a joint family, the family need possess no property. The chord that knits the members of the family together is not property but the relationship. Hindus get a joint family status by birth and the joint family property is only an adjunct of the joint family.
A presumption has always been in favour of joint Hindu undivided family property unless it is proved to the contrary.
Ancestral Property means Property inherited from paternal ancestor-All property inherited by a male Hindu from his father, fathers father or fathers fathers father, is ancestral property and any property inherited by a person from any other relation is his separate property. The essential feature of ancestral property according to Mitakshara law is that the sons, grandsons and great-grandsons of the person who inherits it, acquire an interest, and the rights attached to such property at the moment of their birth.

P. Venu (Expert) 15 April 2023
Please post the relevant facts, if there are any real-time issues.

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