What are the rules that qualify any property as ancestral?

When is property considered as being ancestral with claims vesting over people from multiple generations?

—Juhin Ajmera

In India, ancestral property is defined under the Hindu Succession Act, 1956, an act that applies to Hindus, Sikhs, Jains, and Buddhists. According to the Act, ancestral property refers to any property that is inherited from four generations of male ancestors.

It is important to note that the term ancestral property is specific to Hindu law and may not apply to other religions or legal systems. In addition, the definition and legal implications of ancestral property may vary depending on the jurisdiction and the specific laws governing inheritance in that region.

To elaborate on the above, an ancestral property is a term used in law to refer to property that has been passed down from four or more generation to generation within a family typically through the male lineage. An individual gets the right in ancestral property by birth. Typically, ancestral property refers to property that has been inherited. In general, ancestral property is considered to be property that has been held within a family for four or more generations and has not been divided or sold off. To qualify as ancestral property, the property should have been acquired by a common ancestor, and it should have remained undivided, unsold and unpartitioned throughout subsequent generations. When and if this property is partitioned then each person should get their separate equal share.

Consider this: In case your great grandfather had an ancestral property, it would pass on to your grandfather after his death. It will pass on to your father and his siblings after your grandfather’s demise. However, in a similar situation where your great grandfather has an ancestral property, it would pass on to your grandfather after his death, but, your grandfather decides to divides the property among his children. In such a scenario, the property is no more considered as ancestral.

It’s also worth noting that while ancestral property may be passed down through male lineage in India, there are legal provisions that allow for female heirs to claim a share of the property under certain circumstances. For example, the Hindu Succession Act of 1956 allows for daughters to have equal inheritance rights as sons in ancestral property, regardless of when the property was acquired.

Neha Pathak is head of trust & estate planning, Motilal Oswal Private Wealth