Supreme Court: Ancestral Property Judgement In 2024

In India, one of the most common property dispute is diputes related to ancestral property. More clarity needs to be achieved between people regarding who can acquire ancestral property and what the legal ways to acquire it,  so that people are safe from any property-related disputes in the future. 

The latest Supreme Court judgments on ancestral property have clarified the doubts and rules regarding the transfer of ancestral property and who can receive it. 

What is Ancestral Property?

Ancestral property is passed through generations without division. Suppose your grandfather had a piece of land, and when he died, that land was given to your father and, after your father, it was given to you. This means the property was remained undivided and passed through generations, according to conventional Hindu succession. 

It was primarily given to male descendants (heirs,) but now there have been changes in rules, and even daughters can claim it. But always remember that ancestral properties are different from inherited properties. Inherited property is a kind of property that your father might have purchased or got from someone else from your family, like an uncle, aunt, or someone related to you or in your family tree.

It is a property that your father does not acquire from your grandfather. Suppose your father has purchased a home, and after he dies without leaving a will, it will be divided among your brothers and sisters. But if he has a will, it will be distributed according to the will.

Latest Supreme Court Judgments On Ancestral Property

The latest Supreme Court judgement has clarified everything about ancestral property and clarified doubts about it. However, it excludes self-acquired property, gifts, and properties possessed from a partition deed.

Arunachala Gounder v. Ponnusamy

In the case of Arunachala Gounder v. Ponnusamy, the Supreme Court of India specified some ancestral property laws and the retrospective effect of some sections of the Hindu Succession Act 2005. In this case, the Supreme Court ruled that if a Hindu male dies without leaving a will, his inherited property (property bought by himself or given by someone rather than his father) will not be divided by the traditional succession method. 

The Supreme Court ruled that daughters have equal rights to such properties and will inherit them equally alongside their sons.

The court also specified ancestral property law regarding a woman's ownership. If a woman dies intestate (without a will), her property from her father's side will be given to the father's heirs, and property from her husband's side will be given to the husband's heirs.  The judgement balanced the traditional as well as modern understanding of gender equality.

K.C. Laxmana v. K.C. Chandrappa Gowda

In the case of K.C. Laxmana v. K.C. Chandrappa Gowda, the Supreme Court stated the rules regarding whether ancestral property can be gifted. The Supreme Court clarified the powers of the father or any other member who manages the Hindu Undivided Family (HUD). 

The court stated that ancestral property can be gifted for a 'pious purpose,' which traditionally means charity or religious purpose. However, giving someone ancestral property out of love and affection does not qualify as a pious purpose.

What are the issues regarding ancestral properties in India?

Some common problems regarding ancestral properties in India:

Gender-Based Disparity: According to traditional Hindu succession law, only male descendants qualify as the heirs of ancestral property. However, these two Supreme Court judgments state that daughters now have equal rights as sons.

Division: In a large Hindu undivided family, there might be a dispute regarding the property's division. 

Legal disputes: Even if the court has stated everything regarding ancestral property law. The family members can drag each other to court out of greed over property.

The owner died without a will: In a family where the owner has died without leaving a will, there could be a dispute over the property, such as who will get the property. Such conflicts can arise when multiple heirs are involved. Causing a family's mental and emotional breakdown can provoke strong antagonism towards each other.

Can Ancestral Property Be Sold Without Consent Of Successors?

In India, ancestral property can only be sold with everyone in the family agreeing if there's a special rule saying it's okay. The whole family owns ancestral property, not just one person. So, if a dad got the property from his dad and he has two sons, those sons have a part of it, too. The dad can't sell it without his sons saying yes.

Conclusion 

In India, court decisions play a significant role in balancing old and new ways of ancestral property laws. The Supreme Court has helped shape these laws a lot. Their rulings ensure future heirs get their fair share and keep the property safe for the next generations. Even though some problems still exist, they can be fixed properly.

Families dealing with inherited property should stay up-to-date and get legal help to avoid fights and ensure everyone gets what they should. Following the proper steps is essential to keep things fair and peaceful.