Real property ownership is no longer a fundamental right as a result of an amendment to the Constitution Act, 1978. However, it is a legal, human and constitutional right. The Supreme Court held that, according to a common interpretation of sections 4, 8 and 19 of the Hindu Succession Act, 1956, after joint family property has been distributed under section 8 on the principles of inheritance, joint family property is no longer in the hands of the various persons who have inherited it, because they hold the property as roommates rather than as joint tenants. All coparceners, including girls, can apply to share and sell an ancestral property. In the case of ancestral property, the shareholder`s right arises at the time of his birth. In other forms of inheritance, such as testamentary inheritance, the right arises at the time of the owner`s death. Thus, in the example above, Shyam`s right to his ancestral property will arise at the time of his birth and not at the time of his father Ram`s death. All Indians have the right to own property. They also have the right to acquire, manage, manage, enjoy and dispose of their property. Unless it is contrary to the law of the land, the person cannot be convicted. Read also: What is a Muslim woman`s property right? The HSA states that anyone who has converted to another religion can still inherit property. The law in India does not disqualify a person who inherits property because he has decided to change his faith. The Caste Handicap Elimination Act stipulates that any person who has renounced his or her religion may inherit property.
However, the convert`s heirs do not enjoy the same rights. If the son or daughter of a convert practices a religion other than Hinduism, he or she may be excluded from inheritance of ancestral property. On the contrary, a self-acquired property is any property purchased by a person from his own resources, or any property acquired as part of the sharing of an ancestral / coparcenary property. This includes property acquired through a legal heir or testamentary document such as a will or deed of gift. However, the same is not true for ancestral properties. A father has no choice but to exclude his son from possession of his ancestral property. However, Delhi HC ruled in November 2018 that harassed parents can evict their children from any type of property. The type of assets governed by HC would not have a deterrent effect on the deportation of children and legal heirs who abuse their elderly parents. While ancestral property is divided between Hindus, Sikhs, Jains and Buddhists under the provisions of the Hindu Succession Act 1956, in the case of Christians, the rules in this regard are governed by the Indian Succession Act 1925.
In the case of Muslims, the provisions of the 1937 Law on the Application of Muslim Personal Law (Shariah) apply. Grandchildren also fall into the category of legal class inheritances – 1. This is because grandchildren have a birthright to ancestral property. Even if the parents died before the grandparents died; Grandchildren have the right to inherit from their parents. First, the share of each generation is determined and the share of subsequent generations is subdivided by the share. Note here that each member`s share of their ancestral possessions is steadily decreasing as new family members add more and more. This means that your share of the property could eventually become quite insignificant and unlivable. These must be deducted before the estate is divided between heirs and successors.
Property under Hindu law can be divided into two categories: – With its judgment in Uttam v. Saubhag Singh & Others on 2 March 2016, the Supreme Court ruled that joint family property is no longer common family property in the hands of individual persons who have inherited it under section 8 of the Hindu Inheritance Act 1956, because they hold the property as roommates rather than roommates. See also: Deed of gift vs will: which is a better option for transferring property If someone inherits property from one of their paternal ancestors up to three generations above them, their legal heirs of up to three generations under them would receive the same right as coparceners over that property. Those who have inherited property belonging to another person should be careful to take possession of the property. Under existing laws, a person who has lived in a property for 12 years without interruption acquires a right to the property under the unfavorable property laws. Under Hindu law, his property passes to his Class I legal heirs, who are mother, widow, son, daughter, etc. (i) If a male Hindu dies after the enactment of the Hindu Succession Act 1956 and has an interest in the Mitakshara co-parcenary property at the time of death, his right to the property is inherited to the surviving members of the co-parcenarian (see section 6). However, in certain rare circumstances, for example during a period of family distress (legal necessity) or for the benefit of the family or to carry out religious work, joint property may be sold.
The latter type of property includes property acquired with ancestral property and property acquired by the individual coparcener without this assistance, but treated by him as the property of the whole family. According to Muslim law, there are three categories of heirs – See also: All about the property rights of the woman and her children in a second marriage One method of dividing ancestral property is to bring a civil action in a court of local or financial jurisdiction.
