Ancestral Property
suresh
(Querist) 31 May 2011
This query is : Open
(a)Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. In simple words if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property
(b) As per HSA section 6, when a son is born to a male Hindu holding Ancestral property, father and son become entitled jointly and equally all rights over the property. In simple words the son acquires "birth" right over father's ancestral property
Great Great Grand Father -> self acquired property "X"
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Great Grand Father
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Grand Father
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Father -> now, father is said to be holding an ancestral property X
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Son -> has "birth" right on X, father and son equally share right on X
So Son has BIRTH right on unpartitioned Paternal Great Great Grand Father's self acquired property --> am i right ?
Note:
1) the birth right described above also holds good for daughters after HSA 2005
2) Great Great Grand Father has self acquired property X means:
- purchased X by his own labor
- Inheried X as its heir
- Got X via will
- Got X as a share being one of the coparcener after the partition
- Got X by "birth right" on his father's ancestral property after partition
