Property & Real Estate Law FAQs

Ancestral property is inherited by a person from their paternal lineage up to four generations without division, starting from the great-grandfather. It is jointly owned by all coparceners in a Hindu Undivided Family (HUF). Self-acquired property, on the other hand, is any property purchased, earned, or received by an individual through their own efforts, gifts, or inheritance, over which they have full ownership rights. In ancestral property, legal heirs have a birthright, while in self-acquired property, the owner has the discretion to dispose it as they wish.

Under the Hindu Succession Act, 1956, the property of a Hindu male dying intestate (without a will) is distributed among Class I heirs, which include the widow, sons, daughters, and mother. If there are no Class I heirs, it goes to Class II heirs like siblings and other relatives. After the 2005 amendment, daughters are considered equal coparceners and have the same rights as sons in ancestral property, even after marriage.

Yes. Following the 2005 amendment to the Hindu Succession Act, a married daughter has equal rights in her father’s ancestral property as a coparcener, similar to sons. This right is by birth and does not depend on her marital status. She can demand partition, claim a share, and even be a karta (manager) of the Hindu Undivided Family property, provided the property remains undivided.

A legal heir certificate is an official document issued by the government that establishes the rightful heirs of a deceased person. It is required to transfer assets like property, bank accounts, or insurance. It identifies family members who are entitled to claim inheritance and is especially useful for mutation of property records, pension disbursement, or accessing financial benefits of the deceased.

A partition suit is filed in a civil court by a co-owner or coparcener seeking legal division of joint family or co-owned property. The process involves filing a plaint, providing ownership documents, identifying all legal heirs or co-owners, and requesting the court to pass a decree for partition. The court may appoint a commissioner to physically divide the property or order sale and distribution of proceeds if physical partition is not feasible.

Yes. Non-Resident Indians (NRIs) are legally entitled to inherit both movable and immovable property in India, either through a will or under personal laws in case of intestate succession. They can inherit agricultural, residential, and commercial property but cannot purchase agricultural land or plantation property without permission. Inherited property can be kept, gifted, or sold as per RBI and FEMA regulations.

Illegal possession occurs when someone occupies land or property without legal ownership, title, or permission. The legal owner can file a civil suit for eviction and possession under the Specific Relief Act or a police complaint if there is trespass or threat involved. Courts may issue eviction orders, injunctions, or direct police assistance to recover possession. Delay in action may weaken the case due to adverse possession claims.

Adverse possession is a legal doctrine where a person who occupies someone else’s land openly, continuously, and without permission for 12 years (in case of private property) can claim legal ownership. The possession must be hostile, uninterrupted, and known to the actual owner. If proven, the original owner's title gets extinguished. Property owners must take timely legal action to prevent such claims.

No, registration of a will is not mandatory in India. An unregistered will is legally valid if it is signed by the testator and attested by two witnesses. However, a registered will has more evidentiary value and reduces chances of disputes or forgery. It also becomes part of public records and is harder to challenge in court.

Property can be transferred by executing a succession certificate, probate of a will (if one exists), or using a legal heir certificate for intestate succession. The legal heirs must apply for mutation in the municipal records to reflect the new ownership. Necessary documents include the death certificate, identity proofs, and property papers. The transfer process varies slightly based on whether the deceased left a will or not.