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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My father has willed his share in the ancestral property to my brother so can he do that, And he had the Complete share of the property. How to challenge this.
Dear Cheryl,
I believe that your father can’t deny your share in the ancestral property.
Suggest you to discuss this with your father and family members and settle the issue amicably.
If this is not possible, kindly consult a Civil lawyer in this regard.
If a transferor imposes a condition that the income of property belong to me for a period of 20 year but hi lives for a period of 30 year then whether he would be entitled for extra 10 year period or not?
If we read sec 17 of TPA he would be entitled for his life or period of 18 year whichever is mero but not beyond it..
Plz explain.
Dear Adesh,
I did not get your query. Kindly rephrase it..
My grand father and his elder brother divided ancestral property in 1993 and after partition my grand father make a will in which he gave property only two son and exclude his elder son.
Will is valid or not?
Dear Adesh,
I believe it is valid.
As the property has been partitioned, it is no more considered as an ancestral property (for your grand-father and your father). So, he has the right to WILL it as per his wish and choice.
DEAR SIRIKANTH,
MY GRAND FATHER HAD PROPERTY (SELF ACQUIRED) WHICH WAS DIVIDE BETWEEN HIS CHILDREN AND MY FATHER GOT A HOUSE . HE DIED IN 1999 LEAVING HOUSE TO HIS WIFE -MY MOTHER - IN WILL
2016 MY MOTHER PASSED AWAY WITHOUT ANY OFFICIAL WILL
MY BROTHER AND HIS FAMILY HAS BEEN LIVING WITH HER
HOW WOULD THE PROPERTY BE DIVIDED BETWEEN 2 SISTERS AND BROTHER
THANKS IN ADVANCE
MADHU
Dear MADHU,
The property of a female Hindu dying without a will shall devolve according to the following rules:
(a) firstly, upon the sons and daughters (including the children of any pre- deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
In case of a Hindu female dying intestate and without any issue or any children or any predeceased children, any property inherited by her from her parents shall not devolve upon her husband or his heirs but revert to her natal family.
Similarly, in case a Hindu female dies intestate and without any issue or any children or any predeceased children, then any property inherited by her from her husband or her father-in-law devolves upon the heirs of her husband.
So, all three of them will have equal ownership share in the property.
You may kindly consult a civil lawyer in this regard.
Hello Sreekanth,
I need your valuable advise reg,the issue given below
Acquired property of the mother(expired during in 2000)is agreed to be shared between 3 brothers after demise of their father one year back thro' RELEASE DEED',Father has left a will to the above.The two younger brothers are agreeing to transfer their share on cost basis in favor of the eldest to pay Rs.43/-lacs each
Status of the brothers(1)eldest brother is NRI working in DUBAI intend to avail bank loan for purchase from brothers
(2)second brother is also NRI live in USA for the past 11 years (3) youngest brother is a citizen of USA.
My question is if the money is deposited in the NRE a/cof the second brother who is a NRI living in USA,can he avoid capital gain tax.If not how he can avoid the capital gain tax.Please advise
Dear Vedagiri,
If I understand your query correctly - the eldest brother would like to acquire the two shares (of younger brothers') by paying the amount per share to both of them.
If this is the case, any specific purpose for depositing monies in second brother a/c only?
(or) am I missing something here??
Your understanding is correct,both the two brothers are sharing on cost basis only.My son in law (second brother) though live in U.S for 12 yrs is NRI only and do not have PAN card,and he was not an income tax assescee while he was in India . The youngest brother is a U.S citizen I want to know whether he can avoid,tax if sharing is done on execution of Gift deed and he can get the amount deposited to his local bank a/c in U.S
By the elder brother from his Dubai bank a/c
Dear Vedagiri,
Suggest you to kindly consult a CA who takes care of NRI taxation matters.
Sir my great grand father property in a agra .but my brother and father want to sale property without my permission what cain I do and how can take stay plz suggested me
Dear Girish,
You may kindly consult a civil lawyer and approach the court to get the stay order.
My father is alive. Can he transfer our ancestral property to my name before his death.
Dear Vineet,
Is the property jointly owned by your father's siblings? Are you the only legal heir?
Hello sir,
My grandfather purchase a land on my father name when his age under 18. My question is my father sell it? or take permission from my uncle's?
Dear Devanshu,
Once a person becomes Major, he/she becomes the Absolute Owner of the property.
This becomes a self-acquired property in your father's case.
My great grandfathers property had been divided between my dad and bua. When my grandmother died withouth a will, my father refused to give a share to bua. My family feels that daughters should not get a share in the properties. My grandmother had self acquired properties as she worked through out her life and she was also entitled to some cash from her own brothers as per a signed documents.
My parents have clearly told me that I wont get anything from their property and everything belongs to my brother. He is also made nominee in the bank accounts and fixed deposits they have created by selling off their share of ancestral properties. Not sure what they are doing with my grandmothers jewllery and property.
Am I really not entitled to anything? And if they decide they can legally give everything to my brother? Can I challenge it in court?
Dear Bee,
Kindly note that is is sensitive issue. Suggest to try to know why are they willing to give the entire property only to your brother alone??
In case, they do not give you valid reason, you can consult a Civil lawyer in this regard and can claim your share in ancestral property.
Dear sir,
Pls help me regarding of self acquired property. Me , my father & mother have jointly purchased a home in 2010, in which I am paying Rs 2.50 lacs per annum , my father is paying Rs forty thousands per annum and my mother is paying nil since 2010. Now due to some reason my father threating me that he can give his and my mother portion to sister. So pls clarify me that can he give property's portion if I am giving 80% of loan amount .
Dear Vijay,
I believe that your father can gift/will his share in the property to any person of his choice (can be your sister as well).