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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Hi Sir,
In between 2017-2018 my father's mother property had been shared equally to her children's after my father's death. I have one elder brother before my marriage that lands registration was done and I signed on all papers on believe, he was said will give something back but now he is saying he will not return back anything,is there any chance get back properties equally.
If can get it back how can I proceed could you suggest me.
Dear Siri,
May I know what kind of Registration was done? On what documents have you signed?
In sub treasury office registration was done, I have signed on 100 rs bond papers
Dear Siri,
Without looking into the documents, it is tough for me to suggest you anything on this.. request you to kindly consult a local n trusted civil lawyer..
Hello Srikanth,
My relationship with my father is not great ( mom n dad both separated). I've got 2.5 Acres of land from my grandfathers(fathers side) share back in 2000's. When we were about to share the property, he said please do not share as it was yours, we will agree to sell the land when ever you want. Now, I'm in a state of financial emergeny and need that land to be sold. I heard that from my lawyer, the time to share the land from court is lapsed or something and we cannot share it now, is this true? If it's true or not, please help me with proceeding forward where by court appoints a surveyor etc to partition the grandfathers land.
Dear Sumanth,
Without looking into the documents, it it tough and not advisable to give any suggestions in this regard..
If you the requisite documents (like Partition or Settlement Deed), you can approach the court, get the surveyor appointed and can sell your Share in the property.
You may take a second-opinion from a different civil lawyer..
Dear, Sreekant Reddy,
My Grand father purchased a land and passed away before 1956 , after that my father and uncle put their name in record. My father and uncle passed away. now I am unable to trace out my uncles family for almost over three decades, As I am also a senior citizen it is becoming difficult to keep the vacant land safe from land mafias. I cant sell off as the property is in joint name .. what should be my solution
Dear debraj ji,
You mean to say that you are unable to get in contact with any of the legal heir(s) of your Uncle??
Sir
My grandfather's father property
father is passed in 3year ago
my mother registered husband property
We are two brothers and one sister
My mother shared property to brother only in 2019
Dear Sandhya,
Did any kind of 'family settlement' happen among four of you?
If the youngest son has inherited the property for 25 years, the eldest son is entitled to legal relief
Dear Sir,
My father has 9 acres of ancestral land. He has 4 sisters out of which one sister is died who has 1 daughter only. And in the documents everyone has their names. Even my grandfather's sister's name is there who is dead and she didn't have any children. Will everyone get a share in the property?
Dear Gladson,
Your Aunts' can claim their share in the property.
Suggest you to kindly consult a civil lawyer in this regard..
Hi I am parsuram
ଝିଅ କଣ ବାପ ର ରହୁଥିବା ଘରବାଡି ଉପରେ ଅଧିକାର ଅଛି. ସେମାନେ ନେଇପାରିବେ
Dear sir,
I bought land 6 guntas from agriculture land of total 1 acre 33 guntas , that property is ancestral property of that owner he has 3 children one son and two daughters. While registration is done only owner ,wife ,son and one daughter is signed in registration process. Now another daughter who is not signed is put case in court that she has right to get equal share in ancestral property. The land given to us is fully on main road side and other portion of land has no road. Now the other daughter have right to get land from 6 guntas which already sold to us ? How much she will get from us?
Dear Harish,
Suggest you to kindly consult a civil lawyer ..
Dear srikant,
Greetings.
My father has ancestor property that is given by his grandfather to my father on verbal note.
But my father divided the property into 3 parts and asked other 2 brothers to choose any of the portion as per their choice. Both brothers selected superior land on road side. Upto so far everything was on verbal note.
Now one of his bother asking more land from my father as he wants equal distribution on the basis of x/3. As he sold most of his land and he have few part. He also put while land on saty since 2018. The land that is under my father name and his younger brother name does not have the petitioner name but this is also under stay as this is the part of whole land.
Our advocate is saying that he cannot cancel the stay for my father and his younger brother land. What should we do now?
Dear srikanth, my grandfather transfer his agricultural property to my father. ( father to son). Now my father is not accepting to transfer property to our three brothers. We are not married but mojors, my father is an alcoholic person and without our acceptance he was trying to sell the land. My grandfather is alive. What is the legal remedy for solving the issue.
Sir my nanaji died a months ago. He owned a 2.063 hectares agricultural land a house which in ancestral. He made a will that my all property should be distributed among my 3 sons and my both daughters i. e., my mom and my mausi are well settled. So please tell me that can my mom and mausi clain their right in this property. He also sold a part of that land to government as it was acquired in national highway. Can my mom clain for share in amount my nanaji recieved as compansation for his land. Sir please help me as everyone is fooling me.
Dear Divyanshu,
As per his WILL, your mother can claim her share in the property.
My father died before 5 years without writing any will on his property. It is an ancestral property with a house more than 300 years old. We are 3 children and mother is alive. Now we want to do partition of the property with 4 equal shares. I want to get my share including the house. Now my brothers demanding that they will put a value for the house and my share in land will be reduced according to this house's price. Is it possible to put a price for this much old house? Is there any legal right for them to do this?
Dear Umesh,
Yes, house valuation can be done through an authorized Valuer.