We often get to hear the term ‘ancestral property’, but the exact meaning of the term remains unknown to most of us. The term has not been defined expressly in any statute, but the Courts have time and again explained the term. In simple terms, an ancestral property is a property which is inherited by a person up to four generation of male lineage i.e., his or her father, father’s father, or great-grandfather by birth.1 According to Mitakshara Law, the right to ancestral property arises from the birth itself, for a property to be an ancestral property it must remain as an undivided property. Ancestral property does not include self-acquired property, gift, partition deed.2
In Sarvamma v. U.R. Virupakshaiah, 2010 SCC OnLine Kar 136 it was said that ancestral property is inherited up to four generations of male lineage and must remain undivided throughout the period of lineage.
In Gurdip Kaur v. Ghamand Singh, 1964 SCC OnLine Punj 180, ancestral property was said to be a property inherited from father, father’s father or great grandfather.
Here’s a list of Supreme Court’s Latest Judgments on Ancestral Property
-
Arunachala Gounder v. Ponnusamy, (2022) 11 SCC 520
The Supreme Court held that the self-acquired property of a Hindu male dying intestate i.e., without writing a will, would devolve by inheritance and not by succession. Further, the Court said that such property shall be inherited by the daughter, in addition to the property of the coparceary which was obtained through partition. The Court observed that if a woman dies intestate, then any ancestral property passed onto her from her father would be bestowed upon the heirs of her father and similarly the property passed onto her from her husband’s family would be bestowed to her husband’s heir.
-
K.C. Laxmana v. K.C. Chandrappa Gowda, 2022 SCC OnLine SC 471
The Supreme Court held that a Hindu father or any other managing member of a Hindu Undivied Family has power to make a gift of ancestral property only for a ‘pious purpose’ and what is understood by the term ‘pious purpose’ is a gift for charitable and/or religious purpose. Therefore, a deed of gift regarding the ancestral property executed ‘out of love and affection’ does not come within the scope of the term ‘pious purpose’.
-
Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1
The Supreme Court held that a woman/daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect.
Ancestral property rights to child born out of live-in relationship
-
Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan, 2022 SCC OnLine SC 737
The Supreme Court ruled that even children born from a live-in relationship have the coparcenary right to inherit the family’s property. A child who is born to live -in partners living together for an extended period has rights over the ancestral property of his father.
FAQ’s on latest Supreme Court judgments on Ancestral Property
Q. Is there any time limit to claim ancestral property?
A. Yes, the time limit to claim ancestral property is 12 years. Article 65 to Schedule I of the Limitation Act, 1963 prescribes a timeline of 12 years, within which an aggrieved person may file a suit for recovery of possession of immovable property or any interest therein based on proprietary title.
Q. What is the recent judgment of Hindu Succession Act?
A. In Kamla Neti v. LAO, (2023) 3 SCC 528, the Supreme Court observed that it is unfair to deny tribal women right to equal share in father’s property when same right is available to non-tribal women under the Hindu Succession Act, 1956.
Q. What is the Supreme Court judgment on daughter’s share in ancestral property?
A. In Arunachala Gounder v. Ponnusamy, (2022) 11 SCC 520, the Supreme Court held that the father’s property shall be inherited by the daughter, in addition to the property of the coparcenary which was obtained through partition. The Court observed that if a woman dies intestate, then any ancestral property passed onto her from her father would be bestowed upon the heirs of her father and similarly the property passed onto her from her husband’s family would be bestowed to her husband’s heir.
In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, the Supreme Court held that daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect.
1. S. Sampoornam v. C.K. Shanmugam, 2022 SCC OnLine Mad 1594
2. C. Krishna Prasad v. CIT, (1975) 1 SCC 160.
There is a need to look at this issue in a different way.
It is observed that daughters get their share of Agricultural land and as they are located else-were they don’t continue Agriculture and sell it. Thus most of the well cultivated agricultural land is converted into Residential Plots. Thus the loss of Agricultural land of India.
Further more, the relation between Father & Daughter, Mother & Daughter, Husband & Wife, Brother & Sister gets spoilt (as the situation may be). It is very difficult to maintain the relations and of course Love too. Also, the words used in the various court arguments spoils the relation further.
Even though dowry rule is in existence, it is seen that father spends lot of his hard earned money on his daughter’s marriage and further in fulfilling daughter’s needs happily or by force. (In this case Indian sons will never say anything as he also loves his sister). But over a period when it comes for partition, sisters are compelled to claim her share by her husband with a statement that the expenses incurred by her father are not to be considered during partition. And a new court matter starts.
My suggestion:
This Law to be amended : If the daughter is unmarried then current law to be applicable.
But once the daughter is married, this law should be applicable for only next 5 years or only if she is divorced. After that she should have equal rights in her Husband’s property (instead of father’s property) including his ancestral property and should not be able to claim Father’s ancestral property except the case where she is not having any brother.
Deep though to be given by experts and the above can be further fine tuned.
Thus daughter’s rights are protected and also splitting of Agricultural land will also stop.
Further more : Friendly relation & Love within the family members is also retained.
If father got the property from his father without any will , and now father is not giving property shares to his son
In which clause of HUF it is clearly written that grandson will surely get the property share from his grandfather property even if father is not getting ready to give to his son and only wants to use personally
Can someone have this level of knowledge who can give the solution of this question.
WHETHER DIVORCED WIFE CAN LIVE WITH HER SON OR DAUGHTER IN THE ANCESTRAL PROPERTY WHERE HUSBAND ALSO CO OWNER?
Thank you for sharing this informative post about the latest Supreme Court judgments on ancestral property. It’s fascinating to delve into the legal aspects and gain a deeper understanding of this topic. The concept of ancestral property holds significant importance in many cultures, and it’s intriguing to see how the Supreme Court’s recent rulings have shaped the interpretation and rights associated with it. I’d love to hear more about your thoughts on this matter or if you have any personal experiences or anecdotes related to ancestral property.
Want to know my mother will get equal share
Ek property ko great-grandfather dwara 1930 me 340/- rupaya me shud bharna liya gaya. Jab party paisa wapas nhi karpaya to usne 1936 registry kar diya. GREAT-GRANDFATHER ko teen beta tha, great grandfather ne apne bade beta k naam land registry le liya, Teeno bhaiyo me batwara bhi ho gaya magar ab great-grandfather k bade beta ka beta kahta hai ki yah property mere father k naam hai. Isme bhartiy law kya kahta hai bataye.
Or
Aise case me koi judgement copy hai to please share kijiye.
I will always thankful for it.
Peleminary decree passed but final decree is running now we ask for equal share for my mother, will we get it.
1.Does daughters can send them father out after obtaining property when he is alive ?
2. If daughters cheats father can father get back his property?
3. If Daughters have taken dowry during marriages , does they able to claim property?
4. If Daughter husband who is a government employee, can daughter claim property?
5. If daughters husband is jobless and drunkard can she able to claim her fathers property? when father is after loosing much money , jewels etc for her daughters husband menance
NOW, A MARRIED GIRL OR UNMARRIED GIRL IS 18YRS OR ABOVE 18YEARS AND SHE IS A GOVERNMENT SERVANT, SHE CAN NOT CLAIM ANY SHARE OF HER ANCESTRALPROPRETY OR FATHER SELF ACQUIRED PROPERTY.
A MINOR GIRL BELOW 18YEARS, FATHER CAN GIVE MAINTEANCE UPTO MARRIAGE AND HER LIFE TIME. SHE CAN CLAIM ANCESTRAL PROPERTY IF SHE HAS NO INCOME BUT IF SHE IS A GOVT SERVANT , THEN SHE CAN NOT CLAIM ANY ANCESTRAL PROPERTY OR FATHER SELF ACQUIRED PROPERTY.
IF SHE IS NOT A GOVT SERVANT,BUT HER HUSBAND IS A GOVT SERVANT, THEN ALSO SHE CAN NOT CLAIM ANCESTRAL PROPERTY OR SELF ACQUIRED PROPERTY.
IF SHE IS NOT ALIVE, THEN HER SON OR DAUGHTER CAN GET 50% GET ANCESTRAL PROPERTY BUT HER (MOTHER)’S HUSBAND IS GOVT SERVANT, THEN SON AND DAUGHTER OF DECEASED MOTHER’S CAN NOT RIGHT TO GET ANCESTRAL PROPERTY.
Can you clarify in which judgement or in which clause it has been written
property purchased by father with his known income in name of wife who is housewife . mother is gifting it to sons only .what the option to daughters to get justice . Sons are telling it was purchased by mother by selling her ornaments they have arranged 50 years old fake receipts .
Even supreme court has added to the confusion in respect of ancestral property. Delhi High Court is very right in pointing out while any property, say from father or a gift from grandfather will have the flavor of ancestral property but the same cannot be confused with coparcenary property. Coparcenary property is a well defined and distinct species of ancestral property. All ancestral property cannot be treated as coparcenary property. Supreme court in judgments after judgments has deepend the confusion instead of clarification.