Indian Legal System On Ancestral Property Rights: An Overview

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Matters relating to the division of real estate property are quite tense and delicate. In India it is due to the existence of joint family system majorly prevalent in the society, the matters concerning division of ancestral real estate property get worse. Once the head of the family passes away, younger generations begin to seek their own hold and share in the family real estate property. The hidden desires of wanting a meaty share in the ancestral real estate property suddenly come out and often overshadow the family values and ethics. These matters get real worse in the absence of a suitable property demarcation or declaration of the successive ownership of the property.

Like every other country, the Indian legislative system pertaining to the laws of inheritance of ancestral real estate property is quite extensive and intrinsic. These same laws also apply on Mumbai property as well. Off late it has been observed and records also suggest that the numbers of disputes over ancestral property rights in Mumbai property market are increasing at a never before rate. It is perhaps due to the sky rocketing Mumbai property ...
... rates that nobody is ready to forgo their share or hold from the ancestral Mumbai property. Majorly affected by the ever high property prices, there is property dispute between father and sons, amongst siblings (male and female both) and also between cousins. The girl members of the family that have been generally deprived of having a share in the family property now receive legislative sanction as to having equal rights as their brother(s) in the family whether it is Mumbai property or property based in any other region in India. Before the law supporting girls having an equal right in the family came into enforcement, it was up to the ethics and the likes of male members of the family the girls received their share in the ancestral real estate property.

It is the Hindu Succession Act – 1956 that defines real estate succession in the Hindu community. A real estate property is defined as the Hindu “ancestral” real estate property only when the same has been actually owned by the earlier fourth generation. That is, a real estate property can be termed as ancestral property only when it is four generations old and personally owned or acquired by the great grandfather of the family.

It is the joint Indian business families where the disputes amongst the family members over the division of ancestral property are worse as a lot of family members make their living from the same family business and when things begin to fall apart they end up ruining themselves completely while fighting till the matters are resolved. It is the Judiciary that is usually averse of families pulling the matters into the courts. Judiciary suggests that the members of the disputed family should try to resolve the matter within the family through family settlement rather than burdening the judiciary and stretching the matter for years’ span. According to Indian judiciary system, girls and other female members of the family hold equal rights in inheritance of ancestral property. That is, a daughter is entitled to receive equal share in the ancestral real estate as that of her brother(s).

Author Bio

Nitin Sabharwal is an enthusiastic marketing explorer who redefines prospective subjects for his works in digital advertising & marketing, e-commerce, and content development. With a commanding work experience of 16 years, Nitin’s participation in digital enabled services with a special emphasis on the Internet has earned him several respectable positions in India’s premier companies. Positioned as VP-Marketing of IndiaHomes, Nitin is maneuvering the company’s branding, Performance, CRM, Contact Centre, Event Marketing and Digital Marketing. Academically, he holds an MBA degree from IMT Ghaziabad. Mumbai property, Mumbai property market