Ancestral Property - Mitakshara Law

Ancestral Property.........mitakshara law....!

                                  

- Basically property inherited from parental ancestor is ancestral property.

- All property inherited by a male Hindu from his father, father's father or father's father's father, is ancestral property.

- Essential feature of ancestral property to Mitakshara law is that the son, grandson and great grandsons of person who inherits it, acquire an interest and the rights attached to such property at the moment of their birth.

- Share allotted on partition of ancestral property is ancestral property as regards to his male issue.(prior to amendment of 2005 in Hindu Succession Act 1956)

- But property inherited from maternal grandfather is not ancestral property.

- Property inherited from females is not ancestral property.

- Also property inherited from collaterals such as a brother, uncle, etc or from a female like mother is not ancestral property.

- Property acquired by adverse possession by father is not ancestral property.

= = Relevant Provision = = =

- Uncodified Hindu Law para on Ancestral Property.

- - - Relevant Judgement - - - -

.. Shyam Narayan Prasad v/s Krishna Prasad and Ors 2018 SAR 895.

...Arshnoor Singh v/s Harpal Kaur & Ors 2019 SAR 809.

... Valliammai Achi v/s Nagappa Chettiar A.I.R.1967 S.C.1153.

... Janarethbee v/s Pralhad A.I.R.1978 Bom 229.

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