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)
↓
Grandfather (Ancestral)
↓
Father (Ancestral)
↓
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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View Comments
Sir, How can an ancestral property be divided if: (a) There are 3 brothers (one from a mother and 2 from step mother)??
(b) Similarly there are 4 daughters (1 from a mother and 3 from step mother)???
Dear Ashish,
I believe that everyone (all legal heirs) will have equal ownership share in the ancestral propriety.
Dear Sreekanth sir,
Hope you're fine.
Kindly answer my queries.
My parents have 4 sons and 2 daughters and I am one of the sons. We are living in our Grandfather's property (house).
1. Can my brothers get their shares without my concern (without my acceptance and signing in writing)? Is it legally possible for me to stop them from enjoying the share of the property (including staying in the house now)?
2. Can my brothers get their shares without my 2 sisters' concern? (With the recent supreme court order for property rights for daughters)? Can my 2 sisters (married) take legal action against my brothers if they don't want to give the shares to my 2 sisters?
3. Can my Father give the property shares only to some sons and/or daughters whom he likes to give? Can he write a WILL for this property?
Thanks in advance.
Dear San,
May I know if this property is an Ancestral one?
" 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."
(Or) Is this self-acquired one by your grandpa?
Our whole property is raised by my father grandfather. Later it passed to my grandfather and from him to my father, uncle and aunt(unmarried). And step grandmother. Do I have right to claim share in my aunt share. Does this property is ancestral property.
Dear Ravinder,
"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."
She can WILL her share in the property if she wishes to, if she does not have any other legal heirs.
"I believe that ancestral properties can not be WILLed selectively, ignoring few legal heirs, as each one of the legal heir has the right to get a share in the property."
Dear Sir,
My father and mother died in 1992 without any will or dividing the property, my father had four sons, five daughters all the daughters were married before 1996, all our brother divided our fathers property and our self acquired property among brothers only in 1999( In the partition deed we have not mentioned our sisters name and our sisters have not signed the partition deed, only we four brothees divided and registered the partition deed) and made a partition deed and registered the deed, now can all the daughters challenge that partition deed and get a share in the property(we are hindus).
Dear Lohith,
On Self-acquired properties, they (Sisters) do not have the right for ownership share.
For ancestral properties, they can claim their ownership share!
Related article : 5 ways of transferring a real-estate property!
Sir do my sisters have right in my fathers self acquired property.
Dear Lohith,
If the properties are self-acquired by you all (brothers) then they (your sisters) do not have ownership right in them..
There is an ancestral property in the name of my grandfather. My grandfather have six sons. My grandfather and my father is dead.Do I have the share in that property ?
Yes dear Pon ..
Mother and brother gift father land to elder brother and registration complete after ten brother again demand his share
My self purchased a ancestral land of my grand father by sale seed in 2020.My grand father had got that land from her mother in 2006 after her death. So my question is whether my grand father's sister and my father's sister claim that land. I got the ROR of that land.
Dear Mr Patel,
I am unable to understand the first sentence - "My self purchased a ancestral land of my grand father by sale seed in 2020." Could you kindly re-phrase it??
The Father of my great grandfather had some inherited lands in his name. My great grandfather inherited a portion of this land as his share by a partition deed. Then my grand inherited a portion of the land as his share by a partition deed. After that my father inherited a portion of the land as his share by a partition deed. Now my father, who is alive, wants to give the entire inherited property which is in his name to his two sons only. He does not want to give any share to his two daughters. Does my father has the right to make a WILL in favor of his sons? Do the two daughters have any right to claim from my father’s inherited property?
Dear MR Reddy,
Need your advice.
My Grand Father has 2 sons and 5 daughters. My Grand Father during his time purchased 10 acres of land in years 1956. and in the Year 1976 he divided 10 acres in three parts and transferred to two sons and one daughter. Since 1976 all land records are changed to two sons and one daughter.
in the Year 1986 My grandfather expired. Now in the year 2020 another daughter filed a petition in the court for asking her share in the father property. She married in the year 1962.
Please advise
Hi sir..U have mentioned in Ur article that daughter's can't claim share in the ancestral property if their father died before 2005.., but in my case , my father died in 2002 and we got partitioned in 2009., In this case does daughter's claim again?
Dear Raju,
Fortunately or unfortunately anything can be challenged in court of law..
If you have executed a partition/settlement document then all the parties have to abide by it.
But, anyone can approach the court (again) and challenge it.
Suggest you to consult a civil lawyer..