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 Dear Reddy
we are three brother and my big brother want to leave ancestral property. is there any agreement is required? if it is yes. then what is the process and law.
Dear Goutam,
He needs to get the consent of other members of the family to divide or sell the property. You can go for 'Settlement Deed' / Relinquishment Deed.
Kindly consult a civil lawyer.
Read : 5 ways of transferring your Immovable (or) Real Estate Property
Hi Sreekanth Sir,
we have a Ancestral Property and my grandfather was died on 2016, My grandfather have 3 sons and 1 daughter and her marriage happen in 1993 or 1994, so my question is that can she get the equal share or some percentage of the property please suggest me.
Dear Satish,
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.
You may also kindly consult a civil lawyer..
Hello Sir,
My grandfather died in year 1994 leaving a will in name of two elder son. my grandfather had two wife. Now the property is in the name of one elder who is son of first wife and another elder who is son of my grandmother. Now I want to know that this property I guess it might be self acquired property.if yes?? could my father get it partition in land as after my grandfather death,all brother(total 3 brother more in partition excluding two elder) had made partition agreement in stamp paper. Please suggest what my father has to do for claiming it or else to prevent it to get transferred this property in name of other.please suggest
Dear SONU,
If the property is a self-acquired one by your Grandfather and if he has left a WILL to only two sons then they only have the right in the property.
The other legal heirs may not have any claim on the property.
You may kindly consult a civil lawyer in this regard..
Hello Sir,
My great grand father migrated from Rajasthan to Maharashtra in 1925. He had 1 house & agriculture land, which was given to his nephew to take care. in 2008 post my grand fathers death his cousin sold that land to some one with fake documents.
Is there any possibility we can claim on that property?
Any one from my family has hardly visited that place. If that property is sold to some one who is local leader then what actions to take.
We may also not have proper documents of that property.
Dear PMB,
' given to his nephew to take care' - Are there any documents to prove or justify your stand legally??
Hello Srikanth, I'm going through some property issues right now. We have a property that has been passed on to us from our ancestors. We have been farming in that land from past 20 years and we are paying the taxes too. The land is in the name of my father, his brother and other two people (my gear grand father's niece). Now the problem is that they are playing around the things when asked to sign so that property can be ours completely. Is there any other ways we can get it done to our name instead of begging them to sign the document? It's been years they are playing around. I have to find an alternative to get that done. Could you please help me with this?
Dear Rajesh,
As the property is in the name of all three members, nothing can be done independently by your father, without their consent.
Advisable to settle this amicably. Did you try talking to them? Kindly try to know about their requirements or demands (if any).
You can also get the property divided into three parts (if possible) and can get Partition or Settlement Deed done.
Kindly read : 5 ways of transferring your Immovable (or) Real Estate Property
We are planning to buy a house but the property is in the name of deceased mother and his son wants to sale now.what precautions/documents we should ask before buying? please advise
Dear Pavan,
Kindly ask for ,
Latest EC, advise him to get mutation done into his name(Khatha transfer), death certificate copy, family tree document, any other legal heirs' details, Link documents (starting from mother deed), kindly check if he is sole legal heir for that property (or his father is still alive?)....
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* Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
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* What is Mutation of Property? How to apply for Mutation of Property?
* Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
My grand mother died in 1986. she had 2 sons & 2 daughter 1 daughter expired in the year 2016 (married but no issues). In the year 2018 remaining 3 children's are taken their share through partition deed. My question is my father has 2 daughters and he is decided to make his share as gift deed to his second daughter. whether he can do gift deed or release deed?
Dear vaidehi,
As your father had inherited this property from his mother, this kindly note that this property won't be considered as an ancestral one.
He can execute the Gift deed in favor of any of his daughters or any one..
Related article : 5 ways of transferring your Immovable (or) Real Estate Property
Hello Sir,
Kindly provide your comment on my case.Details as below
We are hindu family.
My grandfather had some land on his name when he died in 2008.
My father and his four sisters now has there name on 7/12 as heirs.
My qunstion is is fathers sister (My anunts)have legal rigght on this property?
If yes.in case my aunt dies in future.Who will
Own there share in proporty.
Dear Sujit,
If this property is not ancestral then all your aunts (four of them) have equal share in it along with your father.
The legal heirs of your Aunt will inherit the property.
Related article: Nominee Vs Legal Heir : Who will inherit (or) own your Assets? | Importance of WILL
Dear sir
My father has a agricultural land of 7 acres which they got from my grand father .my grand father has 3 sons including my father my father alone got a 7 acres my father has 2 sons including me now they want make all 7 acre land in my name is it possible or my brother has the right to ask that property
Dear Axy,
Did your grand father acquire this land through his own sources of income? or Did he inherit this from his father?
My grand father (maternal) died 1960. he had a 1 son & 1 daughter His son also died 1996. My mother Also died 2000.can Son WILL it to anyone as per his wish.without our permission.can i claim this property,
Dear Parvez,
Is this 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."