Ancestral Property

  • Ancestral Property - Ancestral property is just not a property coming to a person from a father or grand father - The manner of such devolution is crucial - The property coming from grand father to father on intestate succession will be understood in legal parlance applicable to Hindus as unobstructed heritage - There is another form of devolution as obstructed heritage, which occurs when there is any form of transfer of right otherwise then under natural succession.  (182) P.L.R.
  •         Ancestral Property - Appellant-defendant was required to prove the nature of the property being ancestral by examining Kanungo or other revenue officials by placing on record the original excerpts and the Khursinama (pedigree) to show that same very Khatauni and Khasra numbers were the ancestral in nature.  (182) P.L.R.
  •         Ancestral property - If that property was also an ancestral property, then it is a foregone conclusion that the ancestral property had been partitioned and the parties were happily enjoying the possession of their respective shares of the property - Without carving out a specific share to the appellant, he would not have been permitted to construct his house over 150 sq. yards of the suit property - The fact that there was no effort of the respondents/defendants to prevent or obstruct the construction of the house by the appellant/plaintiff is an assertion of the fact that the property was  partitioned. (181) P.L.R. (Del.)
  • Ancestral Property - Any property as comes to a person even from his father, becomes ancestral property in his hands the moment a son is born to him, if before the birth of a son he has not already disposed it of - He was born about nine years prior to the alienation of the land - Property having become ancestral in the ponds - He could not have alienated it, thereby depriving his legal heirs from such ancestral suit property. (2018-1 ) PUNJAB LAW REPORTER 

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