Self-acquired ancestral property is an ancestral property which has been changed to a self-acquired property, to resolve ownership issues among multiple inheritors. (Representational image: Vikram Nath Chouhan via Unsplash)
When it comes to property ownership, there are broadly two types of properties, self-acquired and ancestral. As the names suggest, self-acquired properties are acquired by one’s own means while an ancestral property is inherited. Less known, but not quite uncommon, are ancestral properties converted into self-acquired properties.
Take for example a hypothetical scenario of three brothers Gaurav, Abhimanyu and Lokesh who own farmland that has been in their family for three generations. As per the law, their land falls into the category of ancestral property. Now, say, Gaurav and Abhimanyu are intent on selling this ancestral property so that they may each move on with their lives, but Lokesh stands adamant against it. Now, among the multiple solutions on the table is one where the siblings could gain sole ownership by dividing the land equally between them (therefore, free to sell, keep, or occupy their share), in which case it could be decreed as an ‘acquired’ property, since ancestral properties must remain undivided up to at least four generations to retain their ‘ancestral’ status. Whatever solution the brothers end up choosing, they stand to lose the ‘ancestral’ title of their property.
In India, property disputes can often occur due to the nature of the property, particularly when it is ancestral because ownership can be complicated in such cases. Hence, it is important to understand the differences between self-acquired and ancestral properties and when a property becomes self-acquired ancestral property.
Self-acquired vs ancestral properties
One of the major differences between self-acquired and ancestral properties is the nature of ownership. In a self-acquired property, ownership is straightforward with the buyer being the sole owner of the property. As an owner, one can transfer or sell the property to anyone at any time. In an ancestral property, ownership can be more complicated, thanks to multiple stakeholders. Ancestral property is co-owned by all members of the family, each of whom has a claim on its ownership. Moreover, the number of claimants will increase with each successive generation. The share and inheritance of each member will also depend on the applicable succession laws.
Challenges in ancestral property
Since an ancestral property is inherited, it can seem like a welcome prospect with no capital investment. However, the complicated multiple ownership structure means that consent of all family members is required before the transfer or sale of the property. In consequence, such properties are often in dispute. The older the property, the more the number of owners, and more likely the occurrence of disputes.
Even regular maintenance and repairs can become problematic. As a result, ancestral properties are often left in ruins. For many owners, the complex property rights mean that their share is diminished with each generation with the value further eroded due to negligence or dispute. Self-acquired ancestral properties offer a viable alternative where we can resolve issues related to ancestral property.
What is self-acquired ancestral property?
A self-acquired ancestral property refers to the ownership and inheritance structure. This is an ancestral property that has changed its ownership to self-acquired, thereby resolving ownership issues. For example, when a plot of land, factory, or home is divided among multiple owners so each individual is now the sole owner of their share. This resolves the fractured nature of the ownership, making maintenance, repair, sale, or transfer easier to handle.
July 23 2022
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