Supreme Court Judgement on Will of Ancestral Property
Among Christians, the rules of inheritance and succession treat men and women equally. Moreover, despite its method of acquisition, their property is treated as self-acquired and no one else can dispute it during their lifetime. Before an amendment was made to the Hindu Succession Act of 1956, women did not enjoy the right to their ancestral property after marriage because they were not considered accomplices. The old laws essentially denied women the status of co-patriarch. However, the same is not true for the ownership of ancestors. A father has no choice but to exclude his son from possession of his ancestral possessions. However, DELHI HC decided in November 2018 that harassed parents can evict their children from any type of property. The type of property governed by the HC would have no deterrent effect on the expulsion of children and legal heirs who abuse their elderly parents. While the head of an undivided Hindu family (HUF) has the power under Hindu law to manage family property, ancestral property cannot be sold by the sole decision of an owner or partial owner, as four generations are entitled to such property. The consent of each stakeholder is required to sell an undivided ancestral property. All co-parkers, including girls, can request the sharing and sale of ancestral property. In the event that a stakeholder is denied their share of the property or if a member decides to sell the property without consulting the other members, legal advice may be sent to the offending party requesting your rights. The Supreme Court`s decision removes all obstacles to the recognition of equal rights for women as plaintiffs in huf`s traditional assets.
While eliminating gender inequality and setting the roadmap for the equitable distribution of ancestral family property and wealth among women, the decision has the potential to open a Pandora`s box and a spark of contentious issues, which could lead to an incentive for litigation. See also: Deed of Gift vs Will: What is the Best Option to Transfer Property An Ancestral Property is Property or Land that belonged to the ancestors. The previous generation will have a prior right to ancestral property. This means that the claim of subsequent generations is a subdivision of what remains after the property has been divided among the stakeholders of the previous generation. Simply put, the rights of the parties to an ancestral property are decided by band and not by inhabitant. The Supreme Court has always made progressive decisions and has made the decentralization of property a fairer regulation. A son can claim his share of ancestral property even during his father`s lifetime. In any event, the applicant requesting his share of the property must prove his inheritance.
However, the law does not count a son-in-law (the son of the other parent with another partner, deceased or not) among the heirs of class I. “If the father-in-law is in possession of the property, the son-in-law cannot rely on the fact that he was adopted as a member of the family after marrying his daughter and is entitled to property. The son-in-law`s stay is permissive in nature. (The) The son-in-law cannot have a legal right to his father-in-law`s property and building, even if he spent an amount on the construction of the building,” HC said at sentencing in Davis Raphel v. Hendry Thomas. In the case of classified ancestral property that has remained undivided, four generations of the male line have their claim. This means that his son Shyam, Shyam`s son, Ghanshyam, and Ghanshyam`s son, Radhe Shyam, have inheritance rights to Ram`s ancestral property. In other words, the father, grandfather, great-grandfather and great-great-grandfather have inheritance rights over undivided ancestral property. First of all, the share of each generation is determined and the share of subsequent generations is further separated from the share. Note here that each member`s share of their ancestral possessions is constantly decreasing as new members are added to the family again and again. This means that your share of the property could eventually become quite insignificant and not worth following. One of the most annoying questions under Hindu law is whether a property takes on the character of a self-acquired property or an ancestral property.
This is important, because if the property takes on the character of a self-acquired property, it falls into the hands of his sons as a non-co-park property, but would be passed on to them individually. In other words, the father has the unlimited right to do so with such property, and neither his sons nor his grandchildren would have any rights to such property. However, if it is assumed that the property takes on the character of an ancestral property, the son, grandson and great-grandson would acquire the right to that property from birth. In simpler terms, the father cannot have unlimited rights to these ancestral properties and requires the consent of the three descending generations, if any, at the time of the sale of these assets. According to Hindu law, a man`s wife has the right to receive a share of her husband`s ancestral property after his death as a Class I heir. The rules are not so simple when it comes to the husband`s self-acquired property. In the event that he dies, leaves a will and cuts off his wife from his self-acquired property, his wishes will prevail. Therefore, there are several property disputes across the country with different state supreme courts that have different and different views on when a property becomes ancestral property or self-acquired property. The Honourable Supreme Court had the opportunity to investigate the above-mentioned issue (by consolidating the decisions of various state high courts) in a recent case of Govindhbahi Chhotabhai Patel & Ors v. Patel Ramanbhai Mathurbhai.[1] .
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