Kumar Mysore (no) 25 October 2021
Anusha Singh 25 October 2021
As per your query it is understood that you need information regarding the ancestral property.
Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
1. The right to a share in an ancestral property comes by birth.
2. Coparceners, including daughters can seek a partition and sale of the ancestral home as well secure his or her share.
3. Properties of the paternal ancestors cannot be sold without the consent of the successors. However, it can be reclaimed by filing a suit for partition in a court.
4. Similarly, if your share is denied you can send a legal notice demanding your rights.
5. The property is regarded as an ancestral property provided it is not divided by the members of a joint Hindu family.
6. Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property.
7. Properties acquired from the maternal side does not qualify to be an ancestral property.
8. The head of a Hindu undivided family has the power to manage the family assets under the Hindu law. But when it comes to ownership and rights over an ancestral property, each coparcener is entitled for getting his or her share.
All the legal heirs of the ancestral property will get equal share in the ancestral property.
According to your second question, as the land is ancestral land the property shall be divided in all the legal heirs equally even though the house is yours but it is on the ancestral land.
According to your third question, if that land is also ancestral then even that land can be divided equally in all legal heirs but if it is self-acquired land and any will is made by the owner of the land then after the death of the owner the will shall be honored and if no will is made i.e., the owner died intestate then the land shall be divided equally in all the legal heirs.
Hope it helps!