One can acquire (or) own a real estate property through different ways. You can invest your hard-earned money and buy a property (or) you can acquire a property through a Will (or) you may get it through inheritance also.
We also often hear people saying that we own an ‘Ancestral Property’. What is the difference between a self-acquired property and an ancestral property?
When can we call a property as an Ancestral property?
An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
So, it has to primarily meet two conditions for the property to qualify as your ancestral property;
- The property should be four generations old &
- It should not have been divided or partitioned by the previous three generations.
Then, what is a Self-acquired property?
Self acquired property is the one that you have purchased/ acquired from your own income / resources. It also includes property obtained or inherited as a legal heir or by Will or through a Gift deed.
You get a share (inherit) in your ancestral property by birth. In case of self-acquired property, you can inherit only on the death of the owner of the property. If your father owns a self-acquired property and also an ancestral property, he has the right to exclude you (son/daughter) from inheriting his self-acquired property. However, he can’t deny your share in the ancestral property.
If you would like to sell, dispose, or partition a property, are the rules for these two different kinds of properties same? What about the rules concerning inheritance / succession related to ancestral property based on your religion?
Concepts Ancestral Property & Hindu law
Below are some of the important points on Ancestral property;
- As discussed above, the property should have been acquired by your great grand-father and no partition has been done.
- It should not have been divided by the members of a joint Hindu family as once a division of the property takes place, the share or portion which each member (Coparcener) gets after the division becomes his or her self acquired property.
- The right to a share in the ancestral property comes by birth.
- The share of each generation is first determined and the successive generations in turn has to sub-divide what has been inherited by their respective predecessor.
- Kindly note that if a property has been inherited from your mother / grand mother / uncle or even your brother, such property is not considered as an ancestral property.
How hindu ancestral property will be divided among his successors?
Partition can be made by mere declaration to separate, Partition by Notice, Conversion to Another Faith, under Marriage Act, Partition by Agreement, Partition by Arbitration, Partition by Father, and Partition by Suits.
When a division / partition takes place between brothers after partition they will take equal shares in the property. If there are 3 brothers then each one will take 1/3 rd share in the property.
Can daughters inherit Hindu ancestral property?
Yes, under Hindu Succession (Amendment) Act 2005 even daughter(s) are entitled to a share in the property along with their male siblings. At present, a daughter has the same rights in the property of her father on par with a son.
But, kindly note that Daughters cannot inherit ancestral property if father has died before 2005. Therefore, if a person (father) had passed away before 2005, the daughter cannot claim an equal share in the property. She is however entitled to a certain amount of maintenance if she is unmarried.
Can I (head of family) sell the ancestral property without the consent of other family members?
No – You need to get the consent of other members of the family to divide or sell the property.
Can I consider a property gifted by my father as an ancestral property?
No – Property gifted by a father to his son could not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father. It remains as a self-acquired property for you. If this property remains undivided for next four generations, even then it will not be considered as an ancestral property.
Can I include my share in ancestral property in my WILL?
I believe that ancestral properties can not be WILLed selectively, ignoring few legal heirs, as each one of your legal heir has the right to get a share in the property.
Are the above rules applicable for a self-acquired property too?
As far as your self acquired property is concerned, you are free to dispose of it in any manner you like.
Can illegitimate children inherit ancestral property?
They can only acquire a share in self-acquired property and not in the ancestral property.
Concepts of Ancestral property & other Religions
Muslim Law
Under Muslim Law, there is no concept of Ancestral property (or) right of inheritance by birth. A person can leave behind a WILL on any type of property. The legal heir can inherit any type of property only on death of the owner of the property.
Christianity
The succession rules amongst the Indian Christians is governed by the Indian Succession Act, 1925. There is no concept of ancestral property under the Indian Succession Act. All types of properties owned by an Indian Christian can be willed away by him/her by executing a Will.
Conclusion :
It is very clear that law treats both types of properties (ancestral & self-acquired) very differently. So, it is very important that you identify a property as either self-acquired or ancestral one, so that you can plan division of your Estate to your legal heirs.
In case, you are a legal heir, identifying the type of property can help you claim a rightful share in your family’s ancestral property.
Continue reading other related articles :
- 5 ways of transferring your Real Estate Property
- Nominee Vs Legal Heir : Who will inherit your Assets?
(Image courtesy of Stuart Miles at FreeDigitalPhotos.net & Facebook / Social Media Image courtesy : Homeonline.com) (Post first published on : 12-April-2017)
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Hi im satyanarayana i have a question if a accused convicted in criminal case 302 of ipc he had a ancectral property can he had a right in that property or the rights transfoms his legal heirs please clarify this one
Dear Satyanarayana ..I am not sure on this! You may consult a lawyer and get the advice.
Sir my great grand father got a 800sq yards gift land by king.great grand father died unexpectedly.my grand father had a 11 children’s in that my father is a 2 (1boy).my grand father given a gift deed to only three sons(total 5 sons).problem is,my father asking it is us property to his brothers,but they are saying no,dad given gift deed for us 3 members.(grand father did a gift deed and he died 2006)sir pls give a advice for me what to do.and tell there is a right having to my grand father to give a gift deed a land (my great grand father land)
Dear Pavan,
Suggest you to kindly consult a Civil lawyer!
My grandfather died in 2002, he has 1acre land. My grandmother written a will of that 1acer land and died in 2009. My father and his 4brothers are sharing that 1acer land as per grandmothers will.. so now my question is my father share is coming under acentral property r self-acquired property?? Bcz my father was giving that property for me.. i have 1brother n sister.. in future any problem rises from my siblings?
Dear Raj,
“An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.”
How did your grand-father acquire this property?
I believe that it is a self-acquired property as the property has been divided as per the WILL.
Yes sir, it is my grandfather’s self-acquired property, so my father has any rights to giving that property to any one?
Dear Raj..Yes, he has to rights to sell or gift his share of the property to anyone.
Tq so much sir, for giving ur valuable information… Keep forward ur site in public.. al d bst.. tq tq
Dear sir,
my grandfather has a property and a shop which he has left with a will, on which he has written that the property belongs to his grandchild means me and my brothers but till date my father is alive he will be the takecare of that property, now my father and mother both are expire . we are 5 brothers , in which elder one is no more and he is having a son , 2nd one is saying he is not interested in this property as he already having a property in delhi and have 2 daughters, 3rd one is me, m having one daughter , 4th one is no more he is also having one daughter and 5th one is living there in that property he is having one son. now, he is saying that he will not give my partition nor he is allow anyone to enter that premises nor he will give the shop.
I want the money on the total cost of the property and a shop , and i m ready to write that after getting the money i am not interested for that property and shop..please guide me which laws are there and what should i do???
Dear Rakesh,
Suggest you to kindly consult a civil lawyer in this regard..
Dear sir,
We have a property puechased by my grand father and after his death in 1995 as only son my father inherited the property. My two aunts are married. Now after my brother death in 2015 my father transferred the propery to my name. Now my question is can my sister in law claim the property on the ground of ancestral property
Dear Prasad,
An ancestral property is a property acquired by great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family.
In your case, was it acquired by your great grand father?
No sir
The property was purchased by my grand father in 1948 i think not my great grand father.
Dear Prasad..Then it can not be considered as an Ancestral property.
They can claim a share in the property as per Hindu Succession Act, assuming there is no WILL written by your father/grand-father..
My father transferred that property by the way of gift settle ment to me after my brother death.
Also i came to know that widow cannot claim in ancestral oroperty is that correct.
Dear Prasad.. As mentioned in my previous comment, this property may not be considered as an Ancestral property.
My Father acquired a self owned property during his lifetime. He expired in 1997 without a will. The rights to the property were given to my mother by myself (Son) and my two sisters. My mother sold the said property in 2000 and bought another property with that money. Now my mother expired in 2017 without a will. What is the status now? Do my sisters has any right in the said property.
Dear UJ,
As there is no WILL, (assuming a Hindu family), the legal heirs ie two daughters and one son (yourself) of your mother will have equal share in the property. This is as per Hindu Succession Act.
Hi.
Mine is a self acquired property via WILL
If I acquire another flat, will I be eligible to get deductions under Income tax act on Principal and Interest amount of my loan while filing income tax ?
Will the new flat be considered as a second house and deprive me of the deductions on Principal and Interest?
Thank you
Dear Dhaval,
Yes, you can claim tax deductions (subject to ceiling limit).
Kindly read :
Income from house property & tax implications
Budget 2017-18 Proposals
Sir, I am writing this mail on behalf of my father. His family has a plot of 1 acre approx. His father (i.e.my grand father) had already passed away in the year 1987. His mother (i.e. my grand mother, who is bed ridden) is still alive and is living along with the youngest son (unmarried) of the family, who is occupied in the house right now. My father has 7 siblings (excluding himself). They are 8 children{ (4 women- 1 married and 3 nun) and (4 men – 1 unmarried and 3 married)} in total. All married persons are living separately at different places. As there is a dispute going on between the members of the family, how is the partition of the 1 acre can be done legally ? We belong to Christian Roman Catholic Community.
1. Whether the nuns in the family is entitled to get the share?
2. If we move legally, how the partition will be done?
Please provide valuable suggestions.
Thank you.
Dear Hardy,
The succession rules amongst the Indian Christians is governed by the Indian Succession Act, 1925. There is no concept of ancestral property under the Indian Succession Act. All types of properties owned by an Indian Christian can be willed away by him/her by executing a Will.
I believe that your Grand mother has right of 1/3rd of the property and the remaining 2/3rd of the property share can be shared by the legal heirs (lineal descendants).
Regarding, The Succession Act & Nuns, there has been different court judgments which are conflicting and confusing. Suggest you to kindly take advice from a civil lawyer.
Kindly read :
Article 1
Article – 2
Sir, My sister’s husband died in the year 1999 and his property transferred to my sisters name ok. and my sister’s husband’s Father died in the year 1996 and his property is transferred to my sisters husbands mother. Now, she wanted to give her property to his two daughters. Now, sisters family has 3 daughters and 1 Son.
My sisters husbands mothers name has 6 acres of land and she wants to give the property to her daughters.
It is possible to give the property to her daughters also.
Dear vijay ..If it is an ancestral property inherited by your Sister’s husband’s mother from her husband, still all the legal heirs will have the rights on the property. If it is a self acquired one, then she can gift to her daughters, as per her wish.
Hello Sreekanth,
I read this very useful blog and found very informative. I have following query. Hope you can answer this query.
My father owns a house which is ancestral property and on paper it’s not transferred to my father’s name.
Can my aunt(my father’s step sister) asks for her share in this house? What about my aunt ‘s children? Can they claim their in this property?
Also, if my father wants to register our house on my father’s name then do we need to ask my aunt?
Thanks in advance for your kind help.
Great job. Keep it up.
Dear DMS,
All legal heirs can have right of ownership share in an ancestral property.
Yes, your father may have to ask your aunt and get the consent.
Hi Sreekanth,
We have an ancestral property, my father in laws father did not write any will. So in between my father in law and his sisters settlement happened in such a way that his sister’s are not going to ask any share. So now, my father in law has transferred all the property to his name. So now, will my husband and his brother have equal share on this or its my father in laws wish on how to distribute the property.
Please suggest.
Thanks,
Preeti.
Dear preethi,
Your husband and his brother will have share in the property as it is an ancestral property.
Regarding the settlement between your Father-in-law and his sisters, was it a formal one? (any document has been registered on this??)
Thanks Sreekanth. Yes there was a legal document stating by my father in laws sister, saying that she does not want any share on the property.
For the question on the property divison between my husband and brother in law, so you are saying that my father in law do not have right to distribute the property?
Dear preethi,
He has the right only on his share in the property along with his Sons and that too he can sell his share only after getting consent from them.
Thanks sir very useful article sir mere dadaji ko unke uncle jo beaulad the US se Jamin mili thi will ya gift se nahi balki Hindu act varasai ke niyam se dadaji abhi jinda He to ye jamin ancestral property kahi ja shakti he?
Dear Sachin ..If possible, can you kindly post the above query in English.
My grandfather did not have any offspring in his uncle’s land, after his death, after his death, Dada was given a farm by inheritance, and is this property as an cestral property?
Dear Michael ..Apologies, I am unable to understand your query. You may take advice from a local civil lawyer / Chartered accountant.
Is there any difference between ancestral property and HUF property? Please elaborate.
Dear Sweta,
Kindly go through this article, can be useful ...click here..
Hello Srikanth,
Your articles are very informative.
I have 2 questions,
My Father-in-law wants to gift a plot in my name. What are the options/Procedures available to transfer the property in my name ? Tax Implication (My income falls in 20% tax bracket)? It is a self acquired property by my Father in law and not a ancestor property.
thanks a lot in advance.
Regards
Mahesh prasad
Dear Mahesh,
The gift will be tax-exempt one. He can execute it through a Gift Deed.
Kindly read:
Gift & tax implications!
5 ways of transferring real estate property.
Thanks for the article Srikanth, one question,
A land property on my fathers name. He passed away last year. And I am only son.
How can I treat this property, if I want to sell or if I want to built a house in it?
Please advise
Dear Subhash ..Your mother and you will have equal share/right in the property.
You can get the mutation done in your name/in joint name.
Thank you Sreekanth