Having an ancestral property and owning the same are two different things and a person must understand this. In fact, almost everyone amongst us knows the importance of property documents and thus you must have the papers of ancestral property to claim it. So, this blog post lets you know the steps to find details of ancestral property in India.
1. Which is an Ancestral Property?
This is defined to be the one that is inherited by father, parental grandfather or great-grandfather. However, some amendments are made under the Hindu Succession Act of 1956 and according to which a property inherited by a son is not an ancestral property but it is a self-acquired one. The Supreme Court has also rejected certain properties to be called ancestral including the ones inherited by mother, grandmother, uncle or brother.
Apart from these, the properties inherited via GIFT DEED or a WILL is also not considered as the ancestral property. But, figuring out the details of such an immovable asset is easy. Thus, below we have given the step-wise process to find details of ancestral property in India.
Firstly, visit the Bhumi Jankari portal of the concerned state and click on the Now, choose the district/taluka/village.
Then search for the names of your ancestors and visit the Tahashildar’s office in case the names are not found online. Here, you are required to apply for a Computer record of the Village 8-A. This will help you to figure out the actual number of properties owned by the ancestors in the village.
Ask for Form VII-XII, VI and VIII-A in case the details are still not found. You can inspect the forms of villages according to Section 327 of the MLR Code. In the absence of survey number of the land, a person is required to check all the forms available at the office of Tahashildar.
After receiving the survey number you can easily check the records for an ancestral property via Form VI. Along with this, you can figure out the property history by visiting the official portal of land and registration department. All this allows you to check the Property’s current status.
You have to apply for making required changes in the Record of Rights [Village Form VI-XII] after which a consultation with a lawyer is important to claim the particular property.
2. Ancestral Property in India
Firstly, it should be a four-year-old property and is must not be divided amongst the joint family members. The property portion received by each family member after division is termed as self-acquired. Apart from this, the property inherited from Mother, grandmother, uncle or brother does not come under the ancestral property.
3. Notable Things
A self-acquired property can be termed as an ancestral if it is undivided in the family. The person gets a right to share in the ancestral property in India since birth. The next successive generations have to sub-divide the inherited one.