Inheritance residence Inheritance residence

9 months ago

I'm 23 years old and I live in my parents home and I would like to know if I'm legally allowed to live in a ancestral property since I'm a adult and I'm legally allowed to inherit the property of my parents which bears the roots or inheritance. If I can't live in a property held by my parents under the category of "self acquired" property, can I live in a ancestral property legally when the property it self entitle me for inheritance by birth despite turning 23 years old?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
As per the Hindu law of inheritance, a legal heir or coparcener is entitled to an equal share in the ancestral property by birth along with other legal heirs and in case of self-acquired property, until and unless the owner of the property passes away leaving the property intestate, i.e without any will, a legal heir can not claim a share in the said property as a matter of right. As per the Muslim law of inheritance which recognizes two types of heirs, firstly, sharers, the ones who are entitled to a certain share in the deceased's property, and secondly, Residuaries, the ones who would take up the share in the property that is left over after the sharers have taken their part or share of the property. Under Muslim Law, illegitimate children are not entitled to inheritance. Wasiyyah is an Arabic term that describes the declaration a person makes whilst alive regarding their property, as well as the arrangements according to Islamic law to be carried out after their death. For further clarification, you may consult with an Advocate.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor. However, the house is a self-acquired house of the parents, a son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow
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