How To Claim For An Ancestral Property In India? - Best Guide
Do you want to claim your ancestral property in India? Check out the easiest legal process for claiming your ancestral property in India. Introduction Ancestral properties are mostly passed through generation by generation. The property lawyers are looking after all the protocols and the legal issues for passing. And if you have an ancestral property in India, you… Read More »
Do you want to claim your ancestral property in India? Check out the easiest legal process for claiming your ancestral property in India.
Introduction
Ancestral properties are mostly passed through generation by generation. The property lawyers are looking after all the protocols and the legal issues for passing. And if you have an ancestral property in India, you can claim the property with all your consent. Inheritance issues are giving a separate view between your ancestral property and self-acquired property.
Claiming the ancestral property is really important because you no longer live in the house. Or, if you have an ancestral property in different locations of Indian, you can claim the property.
Only you have to check these two factors before taking the help of the property lawyers.
- The property remains in undivided condition for the past three generations.
- Your ancestral property is at least four generations old.
If these factors are true for you, then you can start your legal ancestral property claiming process.
So let’s start with
What Is An Ancestral Property?
Ancestral property is those logistic properties that are inherited by their four generations of the male predecessor. The ancestral property is inherited by their rightful heir of the family. The undivided four-generation property is going to count as the ancestral property. And the property is inherited by the predecessor after the death of the former owner.
If you are not currently not living in this property, you can also claim the property as your ancestral property.
7 Step By Step Guide To Claim An Ancestral Property In India
When you want to claim your ancestral property, you must first check the following two factors. Then you can proceed with the other legal steps.
So check out these seven factors for claiming the ancestral property in India.
Step 1
Your ancestral property inherited up to four generations of male ancestors, such as your great grandfather, grandfather, and father. If your ancestral property has single owners, then the claiming process will become more smooth and faster. But if you have multiple owners for a single property, you have to take the help of the civil court to prove your rightful claim over your ancestral property.
Step 2
You can not claim the property when the properties are inherited from your mother, grandmother, uncle from your maternal side. For this scenario, the undivided property is getting more preferences. Multiple owners and multiple claims are turning the whole legal process more complicated.
Step 3
Natural inheritance is legal. If you are naturally inherited the property from your father and before death, no one takes the initiative to change the power of attorney and judicial Documents. Because the ancestral property is inherited is only possible after the death of the owner, and the next generation inherits the property by their birth claims.
Step 4
If your property is a self-acquired property, even though you can claim your ancestral property in India. When you are staying in that self-acquired property from the last three generations, the owners of the property are exerting without the assistance of family funds; hence the self-acquired property is inherited by the family hairs of the property.
Step 5
Get the information about your ancestral property if your ancestral properties belong in the category of willed or gifted. These types of property are not counted as Ancestral property, so you can not claim the property. You can simply stay in that house or sell the house as the legal owner of the property. But other than that, you can not claim the property as your ancestral property.
Step 6
From 2005 the daughters of the family are also eligible to claim their ancestral property. And if the father of the girl dies before 2005. The ancestral property rule is not going to be applied to that property. But the daughters can claim the portion of the property. And if the property is going to sell, they can claim their portion.
Step 7
The head of the family has the full otherization to distribute his property among their children, but when we are talking about the ancestor’s property claims. Only one owner’s property is counted as the ancestor property. If one property has multiple owners, you can claim a legal portion of the property, but you can count it as your ancestral property.
Wrapping It Up
Claiming your ancestral property is not going to be hard work, but if your property has multiple owners. Or your ancestral property is divided into many shares. For this instance, the claiming process is going to be more lengthy and time taking. Even sometimes, you have to visit the civil court to prove your right. So what is your opinion and do not forget to share your valuable information with us.
Jais Frank is a freelance content writer and enthusiastic blogger. He is the co-founder of Essay Writing Guides. He contributes to many authority blogs such as The Legal Guides and The Parents Magazine.