Short notes on "Ancestral Ancestral" as mentioned under Hindu Law

All property inherited by a male Hindu from his father, father’s father, and father’s father is ancestral property as regards, his son, grandson and great grandson. Prop­erty inherited from any other relation is not ancestral property but it is the separate property of the person inheriting it. The essential feature of the ancestral property according to Mitakshara law is that the sons, grandsons and great grandsons of the person who inherits acquired an interest in it by birth. Their rights attach to it by their birth.

Thus, if A inherits property from his father or father’s father or father’s father it is ancestral property as regards his male issues but as regards other relations have no holds on it, as his absolute property. If A had no male issue, other relations have no interest in the property during A’s life-time.

But according to Dayabhaga the male issue of the inheritor do not acquire any interest by birth in such property as they do according to Mitakshara law.

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Although the sons acquired by birth rights equal to those of a father in ancestral property whether movable or immovable, the father has a special power of making gifts of movable property within a reasonable limit without the consent of the sons for the pious purposes as prescribed by law and through affection.

A Hindu father or the managing member has power to make a gift within reasonable limits of ancestral immovable property for “pious purpose”. But this must be within his life-time and by a will. He cannot dispose of ancestral property by will even for the pious purpose and even of the negligence portion of the property.

(a) Property received through obstructed heritage is not an­cestral property because it is not inherited from any one of the three immediate paternal ancestors, i.e., father, father’s father and father’s father.

(b) Self-acquired property of the grandfather in the hands of the father is ancestral property, because all property inherited by a male Hindu from his father or father’s father or father’s father is ancestral property. It is immaterial whether the property was ancestral or self-acquired in the hands of the deceased.

(c) Property acquired by a mechanic who has received spe­cial training is not ancestral property. This is not separate prop­erty of the mechanic according to the Hindu Gains of Learning Act, 1930.