Understanding The Rights Of Family Members On Ancestral Property: Can A Father Legally Evict Them?
The distribution of ancestral property is considered one of the most common property disputes in India. Family members are always confused about the distribution of ancestral property, and their lack of knowledge regarding property laws and rules leads to property disputes.
They have to involve themselves in court proceedings that take their time, money, and peace. Today, we will simplify who can have claims on ancestral property and whether the current owner has the power to evict the subsequent owners.
Wife's Right On Husband's Ancestral Property
A wife has no right to her husband’s ancestral property, and only coparceners of Hindu Joint Families are legally entitled to have the right to property. But when an ancestral property is divided and her husband gets his shares, then the wife can have a claim on his separate property if her husband dies intestate (without a will). But if the husband has left a will, then the wife is not entitled to get the property, and the property will be distributed according to the will.
Now, one more scenario is there: if there is a joint family partition between husband and children, then the wife is also entitled to get an equal share as her children, Based on classic Hindu law (Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum[ii].
The wife also has no rights on the husband's self-acquired property unless she inherits it or the husband dies intestate. Since she is a class 1 heir in accordance with section 8 of the Hindu succession act. But in case the husband leaves a will behind, then his property shall be divided in accordance with the will.
You can also read my previous blog to understand the rules and laws regarding wife's right on husband ancestral property with refrence to the latest supreme court judgement on Ancestral Property
Women's Right On Ancestral Property
Thanks to the Hindu Succession (Amendment) Act, 2005, that provided women equal rights to ancestral property, but only if it belongs to their father. They cannot have any claims on their husband's ancestral property until he dies intestate or the property gets divided.
Can Wife Claim Husband's Ancestral Property After Divorce?
In Hindu law, a wife does not have any right to her husband’s ancestral property. Only coparceners of the Hindu Joint Family are legally entitled to the property. However, if an ancestral property is divided and her husband receives his share, then the wife can claim her husband's separate property if he dies intestate (without a will).
If the husband has left a will, then the wife is not entitled to the property, and it will be distributed according to the will. But it also depends on the court; the court can amend it and can favour the woman.
Right Of Son And Daughter On Father’s Ancestral Property
A father has no right to evict his son or daughter from ancestral property. As he had inherited that property from his father and was not self-acquired. So, the son and daughter have the right on their father’s ancestral property by Birth as per the law. A father cannot make any will that transfers the ancestral property ownership to someone else.
But the definition of ancestral property says that the property should be undivided, and if it goes under division anytime, it changes its status from ancestral to self acquired, and then a father has the right to evict their children from such property as per The Hindu Succession Act of 1956. Particularly, sections 4, 8, and 19 governs matters related to ancestral property.
What Happens If An Ancestral Property Is Divided Among Brothers?
When an ancestral property is divided among brothers through a partition deed or agreement, its status changes to Self-Acquired, and the rules applicable to ancestral property become null and void. The rules applicable to self-acquired property come into force.
Conclusion
I have included everything regarding the distribution of ancestral property and who is legally entitled to acquire it. Ancestral property is only given to the subsequent heir, and no will can be used to divert it. Only if the partition deed has been initiated and the property is divided among the legal heirs, like brothers, then its status changes from ancestral to self-acquired property.
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