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.
Great-Grandfather (Ancestral)
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Grandfather (Ancestral)
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Father (Ancestral)
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Children (Birthright ✔)
So, it has to primarily meet two conditions for the property to qualify as your ancestral property;
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?
Below are some of the important points on Ancestral property;
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.
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.
No – You need to get the consent of other members of the family to divide or sell the property.
A Karta (family head) can however sell an ancestral property without consent ONLY for:
Karta’s powers confirmed — The Supreme Court has reiterated that a Karta has broad discretion to sell joint family property for “legal necessity,” recognizing long-standing case law on family property management (SC, Sept 2025).
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.
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.
If an Hindu converts to other religion, will he/she has a claim in Parents property? Can they inherit the property?
A Hindu convert does not lose the right to inherit property under the Hindu Succession Act, 1956. For example : A Hindu Daughter after Converting to Islam not loses Right to Inherit Property. But her children will not inherit the property form their grand-parents.
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 :
(Image courtesy of Stuart Miles at FreeDigitalPhotos.net & Facebook / Social Media Image courtesy : Homeonline.com) (Post first published on : 12-April-2017) (Post last updated on 20-Jan-2026)
This post was last modified on January 20, 2026 12:17 pm
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Sir, I'm a Hindu. My father and sister died in 1982, we got an ancestral property from my father's father. My sister's' daughter and son are asking the share of the property now. When my sister died these children were minors. Now do they have rights on the share of their mother's ancestors property?
Dear Shiva,
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, is the said property a four generations old one?
I am an Indian. My father passed away in the year 1999 leaving behind an estate. My mother passed away in 2006. We are five children-3 brothers and 2 sisters. we had not divided the estate till 2016. In 2016 we brothers divided the property and gave a small share (not equal) to our sisters. The sisters initially agreed to what was given and the property was registered in all our names. However of late both the sisters claim equal share. Please do let me know if their claim is justified.
Dear Vasu,
Have you done any formal family property settlement among five of you?
" 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."
So, suggest you to also consult a civil lawyer.
Dear Mr Reddy,
Thanks for the reply.
The sisters are married and well settled.
Please do let me know if this is applicable even to Roman Catholics.
Dear Vasu.. The above rule is applicable for Hindus only..as this is related to Hindu Succession (Amendment) Act.
Under Christianity, there is no concept of ancestral property under the Indian Succession Act. In this scenario, I believe that Sisters can claim their share in the property (Estate).
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