The mere fact that property has been in a family for a long time does not make it ancestral coparcenary property in the legal sense in every situation. How the property was acquired and the succession or partition it has undergone are important.
Under Hindu law, the rules governing coparcenary rights differ from those governing an individual’s separate property. Depending on the circumstances, inherited property may also be separate property. Therefore, it is not correct to declare that all grandsons have a birthright share merely because the grandfather’s name appears in old records. The source of the purchase and the status of the family must also be considered.
What should you do now?
- Gather the complete available title chain and inheritance documents.
- List separately the dates of partition, will, gift and succession.
- Determine shares, transfer and partition only on the basis of the documents.
Which documents should you keep?
Old registered deeds, revenue records, a family tree, wills and partition deeds.
Do not make this mistake
A colloquial reference to property as ‘ancestral’ in a revenue record is not a substitute for a definitive legal analysis.
A hypothetical example
According to the documents, the land was once in the grandfather’s name and later came through inheritance. Before calling it ‘ancestral’, check the dates of death, succession and partition. These events may affect the legal character of the property and the shares in it.
Does a grandson have a direct share in every property owned by his grandfather?
No. The nature of the property, the surviving heirs and the applicable succession rules must first be examined.
Legal basis and useful sources
- Hindu Succession Act, 1956 — Sections 6, 8–10, 14–16, 30
- Arshnoor Singh v. Harpal Kaur — Supreme Court, 1 July 2019; property character and succession
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.