Obstructed Heritage in Family Law

2. Two or more grandchildren of a daughter who live as members of a joint family and succeed as heirs of their maternal grandfather participate as roommates with the rights of survivors. • Separate ownership of the coparcener, which is disposed of in the joint stock: Property acquired jointly by the joint family member using ancestral property is joint family property. Property acquired jointly by the joint family member without the assistance of ancestral property may or may not be joint family property. Whether that is the case or not would be a question of fact anyway. Ideally, the term common family property is synonymous with cooperative property. If a property is received by gift or will from its ancestors, it can be considered ancestral or self-acquired. It depends on the intention of the ancestors as mentioned in the deed/will. If the ancestors impose a condition that the heir must take over the property for the benefit of the family, then it is ancestral property. If no conditions are imposed, it is considered a separate property. The owner holds it as his separate and absolute property. The owner`s parents have no personal interest in it since birth. You are only entitled to it after the death of the owner.

Thus, property that passes to parents, brothers, uncles, nephews, etc. after the death of the last owner is a disabled inheritance. The concept of ancestral ownership has existed since time immemorial; However, this term has not been defined in any of the laws governing inheritance and succession of property between members of a family line. In the generally accepted and accepted sense, the term “ancestral property” refers to any property inherited up to four generations (including the owner of the property) of male descent from the father or father of the father or father of the father, i.e. father, grandfather, great-grandfather, hereditary father. In other words, property inherited from mother, grandmother, uncle and even brother is not ancestral property. Through interpretative proceedings, the Honourable Supreme Court in Prakash & Ors.vs. Phulavati ruled that the rights provided by the 2005 amendment applied to living girls of living coparceners, since on September 9, 2005, i.e.dem date of entry into force of the 2005 amendment, regardless of the date of birth of these girls, the Supreme Court also ruled on the issue of the rights of illegitimate children that illegitimate children also have the right to ancestral property. Ancestral assets are unfettered heritage. The essential feature of unfettered inheritance under the Mitakshara Act is that sons, grandchildren and great-grandchildren acquire the property inherited from birth. Their rights are linked to their birth. Property is said to be unfettered because the emergence of the right to it is not hindered by the existence of the owner.

What is a disabled heir? When property in which a person acquires an interest by birth is considered an unfettered inheritance, while property to which the right arises not by birth but on the death of the last owner, without leaving male expenses, is called disabled inheritance. Property inherited by a Hindu from a person other than his father, grandfather or great-grandfather is disabled inherited property. It is called disabled because the creation of rights to it is hindered by the existence of the owner. Property inherited by a Hindu from a person other than his father, grandfather or great-grandfather is disabled inherited property. It is called disabled because the creation of rights to it is hindered by the existence of the owner. Property obtained by disabled inheritance is not ancestral property because it is not inherited from one of the three immediate paternal ancestors, i.e. the father, the father`s father and the father`s father. The invalid inheritance passes by succession, except in the following cases where it passes through the survivors.

The most important difference between disabled inheritance and unfettered inheritance is that unfettered inheritance involves survival while disabled inheritance involves inheritance. However, there are four cases in which disabled inheritance also involves survival, namely: In that case, the court held that the underlying principle is that there is a community of interests and unity of ownership among all members of a coparcenarium and that each coparcener is entitled to joint ownership and enjoyment of common family property.