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
Filing your Income Tax Return (ITR) is not just about meeting deadlines—it’s about choosing the…
Retirement planning in India is often misunderstood. Many people think any long-term savings or investment…
You’ve probably seen the same property quoted at different prices. One person says ₹60 lakh,…
Buying insurance is easy. Getting your claim settled—that’s where the real test begins. For any…
Gifting immovable property—like land, plots, or houses—is super common in India. Families often do it…
Most people believe that investing alone is enough to create wealth. But in reality, many…
This website uses cookies.
View Comments
Sir,
My grandfather dies before 60 and one daughter dies before 1990 my father,uncle and two aunt still alive. Partition happen between my father and uncle in 1997. In 2007 my uncle give share to aunt (dies before 1990) son and one another sister and written on own name by one sister and one sister son. Another sister who is not written alway threaten my that she is sale my properties otherwise give me money. What can I do.
Dear Chandan,
Kindly consult a civil lawyer.
Sir ,My grandfather was died on 2018 he don't do whill and alive grandmother and three daughter .As per hindu act how will divide the property??
Dear Riju ..All of them will get equal share in the property!
Hi
My grandfather purchased land in 1970s. After his death transferred to my grandmother. Later 2 sons got it partitions in 1990s.
Basically my dad got property from my grandmother. Now my dad is having 5 kids.
Will all 5 kids should get share or will my dad have rights to WILL it to anyone?
Dear Shashi,
I believe that he can WILL it to anyone as per his wish.
My father sold his ancestral property in 1967 and bought a land in another city in 1980 with me and my brothers as partners in the said land. We have the registered deeds of the same. We took a loan in 1981 and constructed a building for business and settled the loan in 1995. My father died in 1996. Leaving behind my mother, 4 sons and 1 daughter. Who was married in 1981. My father also made a WILL in 1994 declaring the above facts and clearly mentioning that he was the partner in the business and had given up his share to me and my brothers settling all the accounts. As we brothers were planning to move out to another city for more business opportunitys we were in talk with some parties to sell out the said property. My sister has filed a suit for her share in the property and the trial court has admitted the case and we are not able to sale the property. This suit is entertained from last 5 years. How can we get relief?
As far as I have read and learnt this can't be treated as ancestral property.
So,
1. Can my sister claim her share in my father's property even after the WILL?
2. Is the suit tenable??
3. Can the trial court stop us from selling the property?
4. Why doesn't the trial court consider WILL of my father at the first stage?
5. Is this an ancestral property?
6. Supreme court Citations?
Dear Ashish,
Is your Sister claiming her share in the Ancestral property or in the second property?
Was your father the sole legal heir to inherit the ancestral property?
Does your Father's WILL say that only Sons have a share in the property?
She is claiming on all the properties she knows.
Yes, The fathers WILL say soo. Legally he was the 5th partner in our firm and he settled the accounts, retired from the firm and gave up his share to remaining partners.
Dear Ashsih,
"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."
In Indian, anything and everything can be challenged legally. I believe that your sister may be just trying her luck. Advisable to settle the differences amicably. Else, suggest you to kindly consult a civil lawyer and only the court of law can settle this issue.
Dear Sreekanth,
Thanks for providing your valuable guidance thro this site.
I am a NRI. I have purchased two houses in my wife's name. She is a house wife with no income. I have rented these properties.
a. Now during income tax filing, these purchases and rental income to be shown in my IT filing or my wife's IT filing? If filing in wife's name, how to show the income for the purchase?
b. I have remitted 4 lakhs NRI amount to my wife's saving account and invested in MF in her name. Now she got IT notice for this transaction. How to file the IT for this?
Thanks & Best Regards,
Madhavan
Dear Madhavan,
a - The rental income from these properties has to be declared in your Spouse's Income Tax Return.
Kindly take help of a CA regarding - how to show the income for the purchase?
b - Kindly consult a CA.
Thanks Sreekanth for your reply...
Hello Sir,
My grand father & grand mother died in 2012. My father also died in 2014. My father are 3 brothers. they live in Uttar Pradesh & we live in West Bengal.
We are 2 brothers. Now my question is :
1) My father didn't ask for share in my grand father's property after his death, the ancestral property is not yet divided, Can I demand for share with my brother?
2) If my uncle deny to give share, what legal action we have to take ?
Note : We hardly(once in 5 yrs) go to our ancestral home, because our education completed in west Bengal.
Waiting for your reply
ASHISH KUMAR
Dear Ashish,
1 - Yes, both of you can get your father's share in the ancestral property.
2 - Without your consent your uncle(s) can not sell the property.
You may first speak to them amicably that you two have your ownership share in the property.
Related article :
* Sale of Inherited (or) Gifted Property & Tax implications on Capital Gains
* Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
Dear Sreekanth ,
My Grandfather has a property in my grandmother's name and they have 2 sons and 2 daughters . Can this property be given to one son or daughter willingly by my grand parents or it has to shared equally ? What does the rule say ? Please clarify .
Thank you
Dear Ajit,
Is this an ancestral property or self-acquired by your Grand parents?
Hello Sir, Read some of the above answers, your suggestions are to the point. Thanking you.
There is an ancestral property ( grandfathers land) father died in 90's( before 1995 i.e amendment that daughter can't claim the property) here they are 3 sons and one daughter. The alive mother ( 80 years old) now claiming here share and daughter as well together . How much percentage will mother and daughter have right to claim. The mother filed a case recently on all three sons in complaining that 3 sons are not looking after here expenses and needs.
As this is ancestral property how would be it shared. How many rights do mother and sister have on this property? The mother's share can be equally shared after her death or she has complete right now on her part. ? Your suggestion is highly appreciated.
Dear Raj,
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.
But, I believe that mother may have the right to claim her share in the property.
Also, if she is complaining about her 'well-being' not taken care of then MWPS Act can be applicable.
Kindly read : Maintenance & Welfare of Parents and Senior Citizens (MWPS) Act | Details & Guidelines
Suggest it is advisable to consult a civil lawyer in this regard.
my Grand father name prakas and had one son namely Ganesh and two sister namely kamala and santi. Prakas had purchased a land with an area of 0.40 dec of land from outsider. This land was purchased outsider man .The vendor is not our family predessors. when Ganesh was the age of 12 his father namely Prakas was registered in favour of me(Ganesh)exclusively. Now Ganesh is dead .Hari and three sister is the successors of my deceased father Ganesh.
Now Kamala and Santi demanding share from our property.
Pls kindly suggest that they will get sahre from our peoperty? if no so please tell me which supreme court judgement they will not entitled from our property which is inherited by grand fathers self acquired property.
waited ur response
santosh
Dear santosh,
As this is a self-acquired property by your grand-father, and more over it is registered in your name, i believe that you have 100% claim on this property and no one else (Kamal ji / Santi ji / other three sisters) can claim their share.
sir, my hindu father was single son of my grandmother. my father 1st married my mother and we are two brothers but after my mother's death probably 1980, my father married again and she had a son, both of them alive.
Our ancestral properties owners share 1/2 grandmother and 1/2 father. my quaries is how it devide?
Dear kajal,
Your father's share in the property can be equally inherited by your step-mother, brother and yourself.
Related article :
Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL