What is ancestral property?
A father and his three sons equally divided the ancestral property on unregistered papers before 39 years, all of persons are enjoying their respective properties. These properties are ancestral as the father inherited it from his father. All three sons got their properties registered in their names and their respective agricultural land not registered but it is uploaded on govt site and got passbooks. The question is what is the nature of properties in the hands of sons? Would it be self-acquired or ancestral property? Because unregistered partion is done at 39 years back but sons have registered their properties partially. I seek valuable reply
In your situation, the properties held by the three sons can be classified as ancestral property. Since the father inherited the property from his father, it retains its ancestral character. Although an unregistered partition occurred 39 years ago, the properties remain ancestral because they have not been legally divided into self-acquired property. The registration of individual shares by the sons does not change this nature; it remains ancestral as long as it was inherited from a common ancestor. Until a formal partition occurs, all three sons continue to hold their respective shares as ancestral property, preserving their inheritance rights.
Sir, it is a property which was transferred from one generation to another which is legal as per Hindu Succession Act. However, they are the legal heirs of the said property until and unless another legal heir raises objection. For further legal assistance contact our helpline number.
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