A.
Dear Client,
An agricultural land acquired through inheritance is typically known as an ancestral property. An individual gets the right to ancestral property by birth, and that right cannot be waived or seized mechanically by any mode or MOU until and unless he or she relinquishes their right through a registered Deed of Relinquishment or a Deed of Settlement.. Grandfather's property is ancestral in the hands of the grandchildren. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Given the matrix of inherited or ancestral property, when the agricultural land is jointly owned by the sellers, then until and unless all the legal heirs, including children or their guardians, relinquish their right through a registered Deed of Relinquishment or a Deed of Settlement in favour of the sellers, they cannot sale or transfer that land to others and buying of such a property potentially involve future litigation once the legal heirs stake their claim in the property in the absence of a relinquishment deed or a settlement deed. If required, consult with an expert property Lawyer for tailored advice to make a well-informed decision in the matter.
Posted On 13-May-2025
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