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
Hello sir..my father died in 2002 and I'm the only son to my father, we got separated in 2009 , my elder sister and brother only done partition , gave equal share to me and to my mother., Now they are planning to take my mother's property..What to do ?
Dear Sowmya,
If the Settlement has been done, without your mother's acceptance they cant take her share in the property..kindly consult a civil lawyer..
Dear Mr. Reddy,
My father and my uncle inherited farmland as ancestral property after my grandfather’s death in 1974. The said property has been in the family for about 8 generations before me. Their names were probably added after providing succession certificates and the mutation was done. Today both of them own about 2 hectares each individually and about 4 hectares is in joint name. Can I claim any part of the property which is in my father’s name? Or has the property now been divided and hence, I do not have a claim? Kindly elaborate on the division of property point.
Thank you.
Dev
Dear Dev,
Has the ancestral property been divided?
"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."
Sir my grandfather(father's father) had 4 acre of coparcenary land which he got from his father, my grandfather passed away in 1996 and names of my aunt my father and Grandmother were added on the property in 2000 but partition didn't happen, and Hindu succession act ammendment came in year 2005, i want to ask if we do partition in 2020 then will my aunt gets equal share as my father and how much share she will get.
Dear Priyansh,
May I know what do you mean by - were added on the property?
Where were the names added? - Is it in any WILL? Patta/Khatha/Mutation? or any family settlement deed??
Dear Reddy sir,
My father are five brothers and they divide the land on plane paper with witnesses also.three brothers were died and two witnesses out of four are died. Now one son of died uncle is not accepting this letter and asking divide of land again. I want to know is our letter is valid for aquaring our land without uncle son consent.
Dear Rajesh,
Suggest you to kindly consult a civil lawyer, very tough to provide suggestions based on the provided information!
Dear Sreekanth,
I request you to give legal advice on Will dispute. I am sharing the details of case. Please have a look into it and kindly share view on the same.
A property - plot no 709 has been acquired by "A" and his 3 brothers B, C, and D jointly in 1976.
"A" has 2 sons X and Y.
A's son X has expired in 2000 leaving behind wife Z and 100% handicap son Z1.
In 2019, "A" died and left Will. "A" stated that he said his brothers B, C and D were jointly doing fruits business on partnership basis in Will. Further, "A" stated that through income of joint business, he and his 3 brothers B, C and D acquired plot no. 709.
"A" further claimed that plot no. 709 was self acquired by him and his 3 brothers B, C and D. "A" added that plot no 709 is not ancestral property and he has absolute right to dispose said jointly acquired property's 25% undivided share as per his wish.
In his Will, "A" expressed his desire to transfer his undivided 1/4 share in jointly acquired property to his son Y ignoring Z and Z1, wife and son of X respectively.
Note: Y's lawyer has not presented partnership deed for joint business of "A" and his 3 brothers.
Requesting Answers to below Questions:
1. Can plot no. 709 treated as joint family property and not as self acquired?
2. Can Z and Z1 (wife and son of X) ask for share in plot no 709 by citing the said property as joint family property?
3. If answers to Q.1 and Q.2 are YES, which act will be applicable in this case.
Dear Sourabh,
1 - It is not an ancestral property if acquired by their own sources of income. Yes, can be treated as a joint family property.
2 - Even from humanity view point, Z & Z1 should get thier share in the property. But, I dont think they have 100% rights to claim it, as this is not an ancestral one and also A has clearly mentioned his desire in the WILL clearly.
3 - Suggest them to consult a civil lawyer (we are not legal experts, can only provide suggestions here!).
Thanks a lot for reply
Dear Sir,
My grand father owns a place (where I am staying currently) and he wrote deed on my grandmothers name but both my grandparents are dead and have not distributed the property.
My father and my uncle (elder than my father). We have decided to sell the place my dad is staying at this place since his birth but my uncle left this place 30 years back and owns his own place. Basically my question is what will be the share of my father and uncle at this place. Is it divided equally or at some other ratio?
PS: My uncle and my father are the only legal heirs.
Dear Ratan,
Both of them have equal right in the ownership share of the property.
Dear sir,
My grand father brought land 1940 and and he rote deed on his wife name and my father and my big father name in 1960,
My question is weather my father can sale the land without my consent or my consent should be there or not ,?
Dear suresh,
If your grand father has gifted the property to your father then your father can sell as per his wish..
Sir my grand father died 5 years back. My father is the only son to him. My grand mother and grand father got separated 20 years back. While separating they divided the property in to 2. One for my father and other for him where he lived with his brother.His brother now telling that his brother has given the property to him The property which he got from the ancestral property.did my father and I grand children has the right to have that property....
Dear Chandu,
Once the property division takes place, it cant be considered as an ancestral one.
So, I believe that your grand-father can Gift/Will the property as per his choice.
Did you grand-father Gift it to his brother?
No sir he died and his signs are different from the bank and the signature which is in will. My grand fathers brother also said That he will give our property to us in front of village members at the time when my grand father died. Now he is yelling that the property is ours can I have a chance to get that property
Dear Chandu,
If they do not have proper documents then you can approach the court and fight legal battle.
Kindly consult a civil lawyer..
My Paternal Grandfather had 4 Brothers.His most elder brother registered all property on his name at that time all brothers was staying in joint family.But when family divide they also divided all property in equal portions. But now his all brothers are died and he has no son.Can he able to transfer all his property on my name.He is using all got property form past 50 years. Legally he can give the property to anyone
Dear pankaj,
I believe, yes, he can gift/Will the property to your name.
Kindly consult a civil lawyer as well!
Hello Dear reddy
Question about ancestor property , My grand father has 3 sons including my father , grandfather expired in 1980
Partions has done through village officer in form No 12 as rights change sheet signed by village officer ,
Now second uncle’s son going to ask land through court why because their land has taken by my father through on basis of Rights change copy signed by village officer and
During partition 2nd uncle got two sites with some amount as compensation
My question is this valid partition procedure ?
Can u suggest me
Dear Shanmukh,
It is tough and not advisable to comment on your case without actually going through the documents.
Suggest you to kindly consult a Civil lawyer.