The Civil Code, 2017 establishes equal inheritance laws, ensuring both sons and daughters have an equal right to ancestral property, regardless of their marital status.
Equal Coparceners
The husband, wife, father, mother, sons, and daughters are considered equal coparceners over the ancestral property.
A child born to spouses in a matrimonial relationship holds the right to obtain a partition of the ancestral property.
A child living in an undivided family can only raise a claim over the ancestral property of the father.
Disposal and Separation of Ancestral Property
Transfer Restrictions: A person holding ancestral property cannot transfer it without properly effecting the partition of the property first.
Mutual Agreement: Coparceners can separate ancestral property by mutual agreement by executing a written deed in the presence of witnesses and duly registering it with the concerned authority.
Settlement and Waivers: During partition, any coparcener can execute a written deed to dispose of their right over the whole or part of the property, settle in exchange for cash, or waive their rights entirely.
Partial Disputes: If a dispute arises over specific property during partition, the undisputed property is divided into equal shares, while the disputed property is kept as undivided ancestral property.
Disputes Over Partition of Property
Jurisdiction: Disputes over ancestral property during partition must be filed in the district court holding jurisdiction.
Property Details: The court decides based on the submitted details of the property. The court can order the submission of property details within a specified timeframe if they are missing from the claim or defense.
Concealment Penalty: If the court finds a coparcener concealed property during the proceedings, it can exclude them from the right to that property and distribute it equally among the remaining coparceners.
Ill Intention: If satisfied that a coparcener holds the property with ill intention, the court can keep the ancestral property on hold until it is properly divided.
Time Limits: There is no time limit to file a claim if a partition has never occurred. However, if a partition has previously occurred, disputes regarding it must be filed within three (3) months from the date of the partition.
AHN Legal holds expertise in representing parties in relation to various family-related issues.
Note: This write-up should not be considered as an expert legal opinion. This has been drafted only for the purpose of general understanding of the subject matter.
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