Ancestral Property Rights in India
What is Ancestral Property?
Example: If your great-grandfather bought land and it was never divided, it is ancestral. But if your father buys a flat, that is self-acquired, not ancestral.
Who Has Rights in Ancestral Property?
Rights are by
birth, not by will. That means a child automatically gets a share from the
day they are born.
How is Ancestral Property Divided (Partition)?
Partition means splitting the property so each member gets
their share.
Ways to do it:
After partition, each
person’s share becomes their own property. They can sell or gift it as
they like.
Supreme Court Rulings You Should Know
Ancestral Property vs Self-Acquired Property
|
Feature |
Ancestral Property |
Self-Acquired Property |
|
Source |
Inherited for 4 generations |
Purchased or gifted |
|
Rights |
Sons + daughters have equal rights |
Only the owner decides |
|
Partition |
Shared by family |
Owner can sell or gift freely |
FAQs on Ancestral Property
Q1. Can a father sell ancestral property without
children’s consent?
No. All coparceners (including children)
must agree.
Q2. Do grandchildren have rights in ancestral property?
Yes. Rights exist by birth, so
grandchildren also get a share.
Q3. Can daughters claim ancestral property after
marriage?
Yes. Marriage does not remove their
rights.
Q4. What if the property was already divided?
Once partition happens, the property
becomes self-acquired for each member.
Conclusion
Ancestral property is a common cause of disputes in India.
The law now gives equal rights to sons and daughters, and rights exist by
birth.
If your family owns ancestral property:
Knowing your rights will help you protect your share and
avoid family conflicts.
