Understanding Ancestral Property:
Ancestral property is not explicitly defined in any statute, but it has been interpreted by the courts. Ancestral property holds significant importance in legal discourse, especially under Hindu law. Ancestral property is essentially a property inherited by a person up to four generations of male lineage, including their father, father’s father, or great-grandfather by birth. Mitakshara Law stipulates that the right to ancestral property arises from birth, and for a property to be deemed ancestral, it must remain undivided. It’s important to note that ancestral property excludes self-acquired property, gifts, and partition deeds.
Key Points:
- Inheritance up to four generations of male lineage.
- Must remain undivided to be considered ancestral.
- Excludes self-acquired property, gifts, and partition deeds.
Recent Supreme Court judgments have further clarified various aspects of ancestral property rights:
- Arunachala Gounder v. Ponnusamy, (2022): The Supreme Court clarified that the self-acquired property of a Hindu male dying intestate would devolve by inheritance and not by succession. Daughters inherit such property, in addition to the coparcenary property obtained through partition. The judgment emphasized the equal right of daughters in both ancestral and self-acquired property.
- K.C. Laxmana v. K.C. Chandrappa Gowda, 2022: The Supreme Court held that a Hindu father or the managing member of a Hindu Undivided Family can make a gift of ancestral property only for a ‘pious purpose,’ defined as charitable or religious purposes. Gifts made out of love and affection are not considered for ‘pious purposes.’
- Vineeta Sharma v. Rakesh Sharma, (2020) : The Supreme Court established that a woman or daughter is a joint legal heir, with an equal right to inherit ancestral property as a son. This judgment, irrespective of the father’s status before the Hindu Succession (Amendment) Act, 2005, came into effect, reinforces gender equality in property rights.
- Kattukandi Edathil Krishnan v. Kattukandi Edathil Valsan, 2022: The Supreme Court ruled that children born from a live-in relationship have coparcenary rights to inherit ancestral property. This decision recognizes the rights of children born to live-in partners who have lived together for an extended period.
Additionally, here are some FAQs addressed:
- Time Limit to Claim Ancestral Property: The time limit to claim ancestral property is 12 years, as per Article 65 of Schedule I of the Limitation Act, 1963.
- Recent Judgment on Hindu Succession Act: In Kamla Neti v. LAO, (2023), the Supreme Court emphasized the right of tribal women to an equal share in their father’s property under the Hindu Succession Act, 1956.
- Supreme Court Judgment on Daughter’s Share in Ancestral Property: Both Arunachala Gounder v. Ponnusamy and Vineeta Sharma v. Rakesh Sharma affirm the daughter’s right to inherit ancestral property on an equal footing with sons.
These judgments collectively reinforce the principles of gender equality and fair inheritance practices within the framework of ancestral property rights.
