How to Claim Ancestral Property in Bihar – Legal Steps and Documents
Introduction
Ancestral land or house in Bihar is a legal right, and many people fail to comply due to a lack of knowledge of the right procedure, documents, and legal terminology. This is a document that describes the process of claiming ancestral property in Bihar – the legal procedures and the legal requirements in a simple step-by-step format so that any person can undergo the process without any confusion.
The legal process differs very little whether it is a plot of land, a house, farmland, or even joint family land. All that is required is proper ownership documentation, family papers, and a legal mutation to transfer the property in your name.
This is presented in favor of Bihar Bhumi, a site where an individual can verify land records, apply for mutation, solve property lawsuits, and finalize legal paperwork in Bihar.
In Bihar, there are thousands of people who inherit land from their parents, grandparents, or great-grandparents. However, the property can only be legally valid in the case where it is handed to the legal heir via the legal process. It is not enough to live on land or even make a verbal agreement in the family.
In case the land is not transferred through legal means, then there are dangers of issues like fraud, unlawful possession, forged sale, or even conflict among the family members. This is the reason why it is quite essential to know how to claim ancestral property in Bihar – legal steps and documents.
The majority of the population is challenged by the fact that:
- They are not aware of how to verify land records
- They don’t have all the documents
- They postpone the mutation and transfer of names
- They are not acquainted with their right as heirs to the law
- They do not even file a case when necessary
This guide covers all the details of a simple meaning to a comprehensive legal proceeding, thus making it easy to file the claim with or without an attorney.
What Is Ancestral Property in Bihar?
Ancestral property is land or a house that belongs to four generations of the same family and is inherited by birth, not purchased.
This means the property must come from your ancestors, not from a gift deed, sale deed, or personal purchase.
Key features of ancestral property:
| Condition | Must Be True? |
| Property passed through 4 generations | Yes |
| Inherited by birth, not purchased | Yes |
| All legal heirs get an automatic share | Yes |
| Can be claimed without a will | Yes |
| Can be divided or partitioned legally | Yes |
Who gets rights in ancestral property?
- Son
- Daughter (married or unmarried)
- Widow of the deceased owner
- Grandchildren
- Minor children (through guardian)
In case of the death of an individual who does not leave a will, then the portion is shared evenly among the legal heirs.
That is why it is better to learn how to prove the property of the ancestors in Bihar, legal procedures, and papers before any family conflict starts.
Legal Rights of Heirs in Ancestral Property
Property rights in Bihar are based on the Hindu Succession Act, 1956 (amended 2005). These laws guarantee equal rights to both sons and daughters.
Key legal rules:
- By birth, sons and daughters get an equal share.
- Daughters who are married have a right to own property in their parents’ place of residence.
- Half a husband can be inherited by a widow.
- In case of the death of a legal heir, the share goes over to their children.
- The share of a minor child is administered by a guardian till the age of 18.
- Nobody is able to dispose of ancestral property without the approval of all heirs.
These are rules that are automatically enforced. You will not require the use of a will or gift deed to become a legal heir.
You should, however, legally register your share to safeguard ownership.
Procedural Guidelines to Acquire Ancestral Property in Bihar
Understanding the entire legal process of claiming ancestral property in Bihar – legal steps and documents: now we can know the complete legal process of inquiring about the ancestral property in Bihar.
Follow these steps in order:
One should start by viewing the Land Records on the Bihar Bhumi Portal.
You should ensure that you verify the details of the land online before moving to any court.
How to check:
- Land record portal, Bihar.
- That of the district, of circle, and of village.
- Search can be made by Khata number, plot number, or owner name.
- Get Jamabandi, Khasra, and Khatiyan documents.
This makes you verify whether the land remains under the name of the ancestor or a person gave an update of the same without your consent.
Step 2: Gathering of All Family and Property Documents
You are going to require identity and ownership, and inheritance documentation.
- Aadhaar Card of the claimant
- Legal Heir Certificate
- Death Certificate of the former owner.
- Family Tree / Family Genealogy Certificate.
- Jamabandi Copy / Khatiyan
- Registry papers (where possible) are old.
- Ration Card copy (optional)
- PAN Card (transfer, which involves tax matters)
Being ready with all the documents will eliminate wastage of time in mutation or a court case.
3. Step: You need to apply to mutate (transfer your name)
Mutation refers to the revision of land ownership in government land books.
The process of applying can be done in the Circle Office (Anchal Office) or at the mutation portal online.
- Documents needed:
- Death certificate
- Legal heir certificate
- Aadhaar, PAN, photo
- Application form (duly signed)
Time: 30-90 days
Fee: 500-1500 (average)
Mutation is easy when all the heirs are in agreement that the documents are valid.
However, when any of the heirs intend to object or refuse to sign, the case proceeds to the court partition process.
Step 4: File Partition Suit In the event of a Dispute
In case family members fail to agree on the division, then you are required to submit a Partition Suit in the Civil Court.
This will be prepared and filed by a lawyer:
- Claim petition
- Property map
- Ancestral proof
- Share calculation
- List of all legal heirs
After a final decree is given by the court, the land is then divided legally and registered separately.
Time: 6 months to 3 years (depending on the level of dispute)
Step 5: Revision Final Land Records (Court Order)
After the court has passed the decree, hand over the certified copy to the Land Revenue Office.
- In your name New Jamabandi will be made.
- The plot will be separated and listed separately.
- Completion of the mutation will be done legally.
- You are now at liberty to sell/give away / hire the property.
This is a complete process of a legal claim.
Required Documents for Claiming Ancestral Property in Bihar
Here is the complete list in a clear table:
| Document | Purpose |
| Legal Heir Certificate | Proof of inheritance |
| Death Certificate | Shows the previous owner is deceased |
| Family Tree Certificate | Shows the relation between heirs |
| Jamabandi / Khatiyan Copy | Land ownership proof |
| Aadhaar, PAN | Identity verification |
| Mutation Form | Required for name transfer |
| Court Decree (if disputed) | Needed for the partition case |
| Photographs, Address Proof | Standard requirement |
Tip: Always keep digital and notarized copies of each document.
How to Check Land Records Online on Bihar Bhumi Portal
- Visit the official website
- Zoning- District- Circle – Village.
- Type of search: Khata / Khesra / Owner.
- Look Jamabandi, Khasra, Khatiyan.
- Download and print copies
You can also apply for:
- Land copies that are digitally signed.
- Status of application of mutation.
- Land tax payment records
- Fraud check (encumbrance check)
This eliminates false claims and unlawful possession of land.
Common Issues in Ancestral Property Claims
| Issue | Reason |
| Family dispute | No written agreement |
| Missing documents | Old papers are not preserved |
| Illegal possession | Someone occupies the land |
| Fake sale deed | Heir sells without consent |
| Wrong land entry | Clerical error in records |
| Mutation delay | Incomplete paperwork |
Tip: Solve issues early. The longer you wait, the more complex the case becomes.
How Bihar Bhumi Helps in the Process
Bihar Bhumi provides assistance in:
- Land record search
- Mutation and transfer of names come to the rescue.
- Legal registration backup.
- Property dispute guidance
- Cases advocacy: partition.
- Court paper drafting assistance.
- Confirmation of sale, gift, and registry documents.
Bihar Bhumi would assist you with the process step by step in case you are not aware of where to begin or what papers are required.
When to Hire a Lawyer
You should hire a lawyer when:
- Co-heirs are reluctant to share property.
- Somebody had forged some documents or sold some land.
- No available land record.
- Government/third-party claim.
- An appeal or a partition suit is needed.
Cases can be filed with the assistance of a property lawyer in Bihar in:
- Civil Court
- District Court
- Land Tribunal
- Mutation dispute Court (for mutation disputes)
Legal Fees and Timeline
| Process | Time | Cost |
| Mutation | 30–90 days | ₹500–₹1500 |
| Legal Heir Certificate | 15–30 days | ₹100–₹500 |
| Court Partition Suit | 6 months – 3 years | Depends on the lawyer |
| Registry Updates | 1–2 weeks | ₹2000–₹3500 |
| Certified Land Record Copy | Same day to 7 days | ₹20–₹200 |
Delays happen mostly due to missing documents, wrong details, or disputes.
Final Tips Before Filing a Claim
- Between kinsfolk, promises should not be trusted.
- Copy all land papers and keep is safe.
- Examine the Check Bihar Bhumi portal prior to signing any sale document.
- Never leave land idle for a long period of time.
- Always full mutation following death in the family.
- Division of land among heirs is done by taking written consent.
- File a police complaint in case someone commits illegal possession.
Note: People often avoid long legal disputes due to loss aversion—the fear of losing time, money, and peace.
Also Know:
Bihar Bhumi Naksha Download – Step-by-Step Guide
How to Check Mutation Status in Bihar Online – Step-by-Step Guide
What is an Encumbrance Certificate: Meaning, Importance & How to Apply Online
Common Land Mutation Mistakes in Bihar & How to Avoid Them
Frequently Asked Questions (FAQs)
Q1. What should I do to claim my ancestral property in Bihar?
To claim ancestral property, collect all land and ownership documents such as the Khatiyan, Jamabandi, and mutation records. Then, visit the Circle Office and apply for mutation by submitting your legal heir certificate and property details.
Q2. Can daughters claim ancestral property in Bihar?
Yes. After the Hindu Succession (Amendment) Act, 2005, daughters have equal rights in ancestral property, just like sons. They can inherit and claim their share legally.
Q3. Do I need a lawyer to complete the land mutation process?
No, you can apply for mutation directly at the Circle Office. However, if there is any dispute among family members or refusal from authorities, then hiring a lawyer is advisable.
Q4. Can ancestral land be sold without the consent of all heirs?
No. Selling ancestral land without the consent of all legal heirs is illegal. Such a sale can be challenged and canceled by the court.
Q5. What should I do if my land records are lost?
You can apply for certified copies of the lost records from the Circle Office, Tehsil Office, or Land Registry Department by providing land details and ID proof.
Q6. How long does the mutation process take in Bihar?
Generally, the mutation process takes around 30 to 45 days after submission of complete documents, depending on verification and clearance from the Circle Office.
Q7. What documents are required for land mutation in Bihar?
You need documents such as:
- Sale deed or ownership proof
- Previous land tax receipt
- ID proof of owner or heir
- Legal heir certificate (for inherited property)
- Application form for mutation
Q8. Can mutation be done online in Bihar?
Yes. You can apply for mutation online through the Bihar Bhumi (biharbhumi.bihar.gov.in) or DLRS Bihar portal. You can also track the application status and download land records online.
Q9. What happens if mutation is not done after buying land?
If mutation is not completed, your name will not appear in the government land record, which can create issues during future sale, loan, or ownership verification.
Q10. How can I check land records in Bihar?
You can check your land details, Jamabandi, or Khasra number by visiting the official Bihar Bhumi website and selecting your district, circle, and land details.
Conclusion
Now you know the process of claiming the ancestral property in Bihar – legal procedure and legal papers in a full and practical manner.
It is not difficult in case you:
- Check land records first
- Get all the necessary papers.
- Apply for mutation on the time
- partition file where necessary.
- Register the land divorce certificate.
Bihar Bhumi Seva offers assistance in preparing documents, mutation, land record search, legal consultation, and dispute resolution in case you are not sure of the process of the task at hand.