Legal aspects of property rights can be complex, and most people do not have complete knowledge of the ancestral property and inherited property. Both these types of properties are often considered the same, but legally there is a significant difference.
What is ancestral property?
The ancestral property is the property that has been in undivided form for at least four generations from your father’s family. It has equal rights over property from Pardada’s father to the present generation. As soon as he is born, the person’s right automatically gets on this property.
What is inherited property?
The inherited property is the one who has met any relative, such as mother, brother, sister, grandmother or maternal uncle, etc. This property is obtained only when the property owner dies and has transferred his property to the heirs by will or without a will.
Rules of eviction from ancestral property
Usually no person in India can be easily evicted from ancestral property. Parents can only evict children from their self-earned property. However, in certain circumstances, one can be excluded from the ancestral property by the court’s decision. The evicted person can submit a claim on ancestral property within 12 years. The court can allow claims even after this period in particular circumstances.
When does the status of ancestral property end?
The ancestral property is considered to be ancestral until it is divided for four generations. As soon as it is divided by a single generation, the property loses its ‘ancestral’ status. Next, if a person is excluded from the property, he cannot claim ancestral property on it.
Rights for four generations
The ancestral property has the right to four consecutive generations (great -grandfather, grandfather, father and son). This right is equal to the fourth generation, and each member can legally claim this property.
Legal advice is necessary in property dispute
The right advice and complete information is necessary in the legal disputes related to the property. It is beneficial to consult a legal specialist in case of dispute.
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