What exactly is ancestral property?
Ancestral property is defined as any property inherited from a father, paternal grandpa, or great-grandfather. Furthermore, with a few revisions to the Hindu Succession Act of 1956, a property inherited by a son is no longer considered ancestral property, but rather a self-acquired property. As a result, the Supreme Court has excluded various properties from the definition of “ancestral property,” such as those inherited from a mother, grandmother, uncle, or even a sibling. Furthermore, property inherited by Will or Gift Deed is not designated as ancestral property.
How do you look up the information about your ancestor’s property?
In India, inheriting an ‘ancestral property’ is a typical occurrence; nevertheless, the inheritor is sometimes unable to uncover the specifics of the land, especially those situated in villages or talukas. Locating such quality is like discovering a needle in a haystack. If you’re having trouble locating your ancestral property information, follow this step-by-step guide:
- Go to your state’s ‘bhumi jankari’ website, click ‘query,’ and then choose the district/taluka/village.
- Look up your ancestors’ names here.
- If you can’t discover the name, go to the Tahasildar’s office and request the Village form 8-A electronic database. If you get this paperwork, you will be able to determine your ancestors’ entire holding in the village.
- If you are still unable to get property information, request Forms VII-XII, VI, and VIII-A. You may view these village documents under Section 327 of the MLR law. If you do not have the land’s assessment number, you must examine all of the forms accessible at the Tahsildar’s office.
- Once you have the survey number, you may use Form VI to look up the history of the land. You may even search the history of the property using the survey number online by visiting the official website of the land and registration department. When you have the background, you can rapidly determine the current state of the property.
- Once you’ve located your ancestral property, file an application to amend the Record of Rights (Village form VI-XII). After that, engage an attorney to complete any remaining procedures necessary to assert your ownership of the property.
In India, what is considered ancestral property?
Ancestral property is one that:
- It has at least four years of age.
- The users in a joint family do not split it. Once the split occurs, the shared part obtained by each coparcener as a result of the split becomes his/her self-acquired property.
- It was not passed down from mother, grandmother, uncle, or brother.
- It is not passed down through a Will or a Gift Deed.
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