Tag Archives: Mitakshara Law

Ancestral Property – According to Mitakshara Law

It is settled that the property inherited by a male Hindu from his father, father’s father or father’s father’s father is an ancestral property. The essential feature of ancestral property, according to Mitakshara Law, is that the sons, grandsons, and great grandsons of the person who inherits it, acquire an interest and the rights attached to such property at the moment of their birth. The share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue. After partition, the property in the hands of the son will continue to be the ancestral property and the natural or adopted son of that son will take interest in it and is entitled to it by survivorship. Shyam Narayan Prasad v. Krishna Prasad¸ (2018) 7 SCC 646.

Leave a comment

Filed under ancestral property, Uncategorized