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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Sir, i have a query
A - HINDU owner of the agricultural land in GUJARAT
AS1 - owner A's first son
AS2 - owner A's second son
AD1 - owner A's first daughter
AD2- owner A's second daughter
AD3 - owner A's third daughter
AD4 - owner A's fourth daughter
If father 'A' had died in 1960 and then his four daughters 'AD1', 'AD2', 'AD3', 'AD4' got their names with his two sons 'AS1' and 'AS2' in government 7/12 document of agriculture land as inheritances.
But they haven't made partition of the same land still .
AS1 and AS2 had died before their 4 sisters.
Sons and daughters of AS1 and AS2 have already their names in 7/12 government document of agricultural land
If 2 daughters 'AD1', 'AD2' have died before 9th September, 2005 and sons and daughters of 'AD1', 'AD2' entered their names in 7/12 document of agriculture land without permission of sons and daughter of 'AS1' and 'AS2'
daughters 'AD3', 'AD4' died in 2009 and 2010 respectively and sons and daughters of 'AD3', 'AD4' entered their names in 7/12 document of agriculture land without permission of sons and daughter of 'AS1' and 'AS2'
then the Inheritance sons and daughters of those four daughters whose names are present in 7/12 document after their death , can have any right of ownership on the same land still.?
The land has not been partitioned ( undivided) yet.
I am the son of AS1's son.
( grand son of AS1)
Dear Birju,
Is this an ancestral property? Has your Grand-father left any WILL on this property?
Dear sir
We are 2 bother.in 1998 my father and uncle are divided there property after that dividation my father got aprox 5 hectare land in which my fahter had divide 2 hectare in my brother and me (2006) after that my bother and me we started our bussines and we bought some land from our bussines money but bought land is on my bothers name ( Mutual understanding ) we made building on that land and bussines shifted that new place for the bussines my brother took a loan on my land and his land ,side by side i have completed my education and after some years (2013)i got job in mumbai then i went to mubai for job.but now my brother saying bought property is mine(Shop and home we bought from our bussines money ) because that is on his name.
My main concern is can i complain for dividation of the shop and land which we have bought(on his name)
In this case what should i do.
Dear Dipak ..Suggest you to kindly consult a CA/Civil lawyer.
Sir
My father has a shop. He has my brother , my sister and myself. We want to partition and we are paying money for my brother for that shop. We want to take that property. Which is the best method in registration to don't get any problem in future. My sister is married. Is it any problem come from my sister?
Please send the reply to my email.
Dear Sun,
Is the property in your Father's name currently?
Your brother can execute Relinquishment deed.
Suggest you to kindly go through this article : 5 ways of transferring your Immovable (or) Real Estate Property
Sreekanth Reddy Garu accept my thanks for your valuable advises.
1. Regarding Ancestral property should be four generation old and it should not have been divided or partitioned by the previous three generations.
Sir, can you refer Supreme court judgement in supporting your statement.
2. In a settlement deed donor stated that donee can take the posion of the property and can enjoy the property with dana,damana, vikryayadi Hakkulatho puthra pouthra paryantham.
Sir, isit Donee absolute property or his children to or co parcener ? Kindly clarify
Dear Rajani ji,
1 - May I know your query??
2 - It can be treated as a absolute property by the donee..
Sir,
Any suprime court judgement supporting your statement. Kindly give the citation.
Thanking You.
Dear Rajani,
You may refer these court orders..
Link - 1
Link - 2
Thank Sir.
One More Small Querry.
Sir,
First accept my hearty thanks for your valuable guidance. Presently no one is giving me sates factory answer with relevant citations.
my problem: property was partition between my grand father and my father.
my father before our births execute a settlement deed keeping life interest for himself. in the settlement deed wrote as
"puttaboye putrasanthathiki, puthrulu lenicho puthrika santhathi yi asthini swadinam chesukoni dana, dhamana,vikrayadhi hakulatho puthra pouthra pariyantham anubha vincha valasindhi."
we are three brothers. after my father, we three brothers are copaceners or male children of these three brothers copaceners.
What is the meaning of "Puthra Santhathi" ?
Male children of my father or Grand children of my father ?
What is the meaning of "Pura Pouthra Pariyantham" in this context ?
any judgements on this issue .
kindly help me - particulars of citations are imparttent for me.
Dear Rajani..Puthra santhathi - it is your father's children only.
Suggest you to kindly consult a good civil lawyer.
Thanks Sir.
Kindly give me any Supreme court Citations. Supporting your advise.
Dear Rajani..As of now, I do not have the required info.
Thanks Sir.
Sir, I consulted local lawyers. they are saying what you advised me. for my satisfaction I want previous judgements on the same issue. local lawyers are not gining me particulars of the citations. Kindly help me.
Dear sir,
My in law has two children a daughter and a son.we have ancestors property which is not devided yet. My father in law has expired in 2007 and my husband is taking care of my mother in law(managing all the expenses of my mother in law) and my sister in law is not sharing any expenses of her mother (my mother in law) but she needs exact 50 percent share in property.. does she can ask for 50 percent of share without bearing her mother's expenses... Can we devide it 75 and 25 percent... Can we claim the expenses maid on my mother in law(my husband's mother)???
Dear Sahana,
As this is an ancestral property, your spouse and sister-in-law have equal share in the property as per the legal rules, irrespective of you bearing the entire expenses for taking care of your Mother-in-law.
The only way to get higher percentage can be to approach a court of law but that can strain the relationships.
Dear Sreekanthji,
I need your right suggestions regarding property division. Please advice.
My father has one brother and one sister.
The properties which were in the name of my Grand father and Grand mother were divided in equal parts among their 3 three children ( my father, uncle and aunt) by means of Partition Deed.
Whether this property my father got is Ancestral property or self acquired property?
My father did not make mutation of the properties he got in his name. During his life time he also sold some of the properties to third parties using the Partition Deed. Rest of the properties are till now as such.
My father has done second marriage after the death of his first wife. From first wife, there is one son. From second wife, there are 4 sons and 4 daughters.
I am the fourth son from my father’s second wife.
During the division of properties of my grandfather and grandmother through Partition Deed , the son of the first wife was minor and his name has been mentioned in the Partition Deed along with my father’s name.
My father died in 2007 and my mother died in 2018.
Now we want to sell the remaining properties.
How the division will take place?
Whether the properties will be divided equally among all the legal heirs ( 5 sons and 4 daughters) ? or it will be divided into two halves ( among first wife and second wife)?
Please suggest.
Thanking You.
Rajesh Kumar
Dear Rajesh,
"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."
As the property has been divided, the share owned by your father is a 'self-acquired one'.
Did your father leave any written WILL?
हमारे दादाजी को पाकिस्तान से 1947 मे हिंदुस्तान आने पर एक दुकान ओर एक मकान सरकार की तरफ़ से मिला था । उस समय 1800 रुपए में मिला था । मकान ओर दुकान का टाइटल था श्री .............एंड एसोसिएट्स । हमारे दादाजी पिता और ताऊजी ने मिल कर 1800 रुपये चुकाए । दादाजी ने बाद में मकान ओर दुकान की वसीयत चाचाजी के नाम कर दी । हमने केस किया है कि ये परिवार के सभी सदस्यों के लिये सरकार द्वारा दी गई थीं इसमें एसोसिएट शब्द लिखा है । दादाजी को विल करने का अधिकार नही है । क्या हम सही है कृपया मार्गदर्शन करें।
Dear Neeraj,
If possible, kindly post your query in English please...
I just do not want to mis-interpret it and give wrong advice/suggestion.
Hi sir we have a property of my father which was given by my grand mother
In my father name 4 acers nd in my mother name 1 acre land total five acers
Nd we are 5 children 3, boys and 2 daughters and iam elder one nd my father nd mother died in 2015 with out dividing the property nd no will has return
My question are
* if my sisters also have equal share in the property..?
* if the division take place to equal rights means as per iam elder son can I have right to chosse the land which one I want to take..?
*nd if court decides to take 1 Acer each means can we give to our sister which one we chose bcz 3 acre are in other place nd 2 acre are in other place. The 3 acre have demand nd rest 2 acre are less demand
Plse answer sir
Thank you
Dear Vinodh,
I believe that all of you will have equal share in the total property.
How you are going to divide, it depends on your mutual understanding.
Suggest all of you to discuss openly and consult a civil lawyer if you all decided to go for property division/settlement.
Hi sir my father was expired in 1985 and he has made some aggrement with 12 acre land owner.after that land owner also died. We are three brothers our elder brother worked in Karnataka police department and retired. After land owner death his son called our family at that time we are too young so elder brother went and made the land registered in his name only. My father made agreement is not there now. But after that we made mutually one agreement stating that these land is in the name of Nagireddy elder son. Three of us have equal share after that by claim form we got e pass books and 1B as per AP revenue. But registration is in the name of elder brother.so is ready to register our shares as per e pass book and 1B.but one thing we both only having e pass books and 1B for our shares. My elder brother is not having e pass book and 1B. But whole land is in name only.But parrelly we have 10 acre of land in Karnataka that also after my father death it is transferred to my elder brother after that we subdivided the land and enjoying our shares.please advise me to proceed to get rights in AP land.we are Karnataka Andhra pradhesh border.
AP land our elder brother not ready to give our shares. Please advise me we are having proof that we are joint family. We can produce Karnataka land divided documents. That one registered documents.
Dear Lakshmi Kumara,
May I know that is the type of agreement you have done 'among three of you mutually'??
Is this an Agricultural land? Is Katha/patta for this land in all three of your names??
Hi Sreekanth,
I have one query regarding the ancestral property.
My father has three brothers.
When my father (alive) and his brothers were very young, their father died. After their father's death, these four brothers and mother worked hard and brought 40 acres of land over the years. Now, these four brothers got separated and each one got 10 acres. My father have 2 sons and 2 daughters. So, is this property (my father's share 10 acres) becomes ancestral or self acquired? Will my sisters have a share in this property? if my father gives the 10 acres to my brother and me, is there a chance that my sisters can go to court for their share?
Regards
Prasad
Dear Prasad,
As this 10 acres of land (which is part of 40 acres) is acquired by your father and your uncles through their own hard-work, it can be classified as Self-acquired properties. Hence, your father can distribute this land to anyone of his choice. He can WILL it or can GIFT it as per his wish.