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
Hello Sir,
My grandfather acquired property and he leased out a part of it to my 2 uncles among 4 to run school over it for 20 years. How can I claim the property before time as my uncles are getting greedy.
Hi Sir,
My father have 2 brothers and all of us used to live in same ancestral house in Rajasthan till 1975. Due to some issues, only the eldest brother is living in that ancestral house now and my father & uncle are living in a new house. Could you please advise if we can still claim a share in our ancestral house and if yes, please explain how to do it.
We have undevided ancestral property in our possesion. My aunt(fathers sister) died in 1996 and grandfather died in 1965) As per latest decision by supreme court, the condition of father should be alive to claim equal share of daughter was overruled. But also in this particular decision court has noted that daughter should be alive to claim equal share when the HSA amendment was introduced. SO my question is, can my aunts (fathers sister) children successor can claim equal share in property. Please advise.
Dear SSD,
Very valid query!
“If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time.”
I could find above info pertaining to your query. If this is valid then your aunt's successors may not be able to claim their share in the property.
However, suggest you to kindly consult a civil lawyer in this regard.
In case, you find a genuine answer/solution to this, do kindly share the information here, can be useful to other readers as well.
Thanks & Cheers!
IN the last verdict of supreme court, it was clarified that daughter will get equal share only she should be alive for the applicability of Amendment of HSA amendment of 2005, you have not clarified that in above.
Earlier decision was overruled that father should be alive. But daughter should be alive.
Dear SSD,
I could find the below information on the net ;
"If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time."
There is no reply of mine above question, where my father purchased a residential house in Rajasthan in 1950. in my name, elder son & at that time I was two years old Father died in 2011 without a will. We are two brothers & four sisters. I am the eldest . Can I sell the property without sharing money to my brother & sisters.
Dear Mr Jain,
I have already replied to your original query, plz scroll down and check!
Hi.
My father died long back. We had a property which was brought in my step mothers name. Now the partition will take place. Will that property will be included in the pertition or just because it is already in my step mothers name so it can not be shared among us.
Dear Nabin,
May I know the source of income for buying that property?
Whether she has legal heirs (kids)?
I have one question. My father died in 2011 without any will He purchased a house in absolute my name in 1950 when I was two years old. I have one brother & four sisters. Whether this property belongs to me only or all my brother & sisters. How you will convey me My Mob no is 98250900**.
Dear Mr Jain,
I believe that all siblings will have an ownership interest (share) in the said property.
Dear Srikanth sir,
Great article with clarity thanks.
My great grand parent wrote will like, his daughter's son only can enjoy all ancestral properties. Son has 3 sisters, they can eligible to get share per Hindu law. Her mother (my grand mother) expired recently. How these sisters(my mother n aunt) will get properties share as per indian law.
Dear Rajagopal,
Legal heirs get a share (inherit) in an ancestral property by birth.
Also'
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.
Hence, suggest them to consult a civil lawyer reg. this..
Dear Srikanth,
Thank you very much.
My great grand parent wrote will in 1950s. That time no practice to share ancestral property to girls.
So that they wrote WILL to grand son not grand daughter.
So far my uncle only enjoying the property (age60+) and he not has own income so far.
My mother n Aunt can claim forequal share, now. If fails may file suit for equal share.
Thank you for the great article Sreekanth. Gives lot of information with respect to succession law.
I have a question and may be very common in nature. your comment is highly appreciated.
My grandfather bought the property and in sale deed it was named to my father's elder brother(my uncle). At the time of purchase my uncle was minor.
Now my uncle is not ready to share the property with my father saying it is on his name solely.
Can my father claim his equal right on this property which was purchased by my grandfather but on the name of his eldest son.
My grandfather died without writing any Will.
Thanks and Regards,
Sandeep
Dear Sandeep,
If it is a self-acquired property then I doubt if your father can claim his right of ownership (share) in the property.
It was bought when my uncle was just 8 years old by my grandfather. So obviously he was not earning.
Dear Sandeep,
I was referring it as your Grandpa's 'self acquired' property..
OK.
I simplified the issue. here is detailed information.
My Grandfather and his brother were doing business jointly and were part of Hindu Undivided Family.
The land was purchased using money from the joint business. At the time of purchase land was named to my grandfather's brother and my grandfather's eldest son (my uncle). My grandfather has six sons and the land is only on the name of his eldest son and his brother.
So rest of my grandfather's five sons can't claim that land?
Dear Sandeep,
If one can prove that the property was acquired to through joint sources of income (from HF) then we have a case...
Suggest you to kindly consult a Civil lawyer..
hi sir,
This is lakshman.my grandfathers land was eqully shared at my age of 15 years.but later i realised my uncles got higher than me they cheated my parents nad me.but that time its happend orally didnt do any paper work.so i asked them reshare again equally but they didnt agreed. So what kund of action can i take as law.please suggest
Dear Lalshman,
You may kindly consult a civil lawyer in this regard..