• What is ancestral property

What is ancestral property.
Asked 2 years ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. what has been inherited by their respective predecessor.
Ajay Sethi
Advocate, Mumbai
23369 Answers
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Property acquired by your fore father's I.e. father, grandfather, great grandfather etc would qualify as ancestral property. Ancestral property could include the self acquired property as well.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. For a property to qualify as ancestral property it must be originally purchased by the fourth male lineage i.e great grand father, coupled with the fact that the property remained undivided till the fourth generation upwards.

2. If the property is divided through a partition deed, family arrangement, etc it loses its ancestral character.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
1.	This property should be four generation old.
2.	It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
3.	The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
4.	The rights in ancestral property are determined per stripes and not per capita. Share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
5.	Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.

More over:
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Corollary: 
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.
Ajay N S
Advocate, Ernakulam
1916 Answers
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Hello,
1) Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
2) Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
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Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property.
 Property inherited by him from other relations is his separate property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth.

Supreme Court of India
U.R.Virupakshaiah vs Sarvamma & Anr on 17 December, 2008
Author: S Sinha
Bench: S.B. Sinha, Cyriac Joseph
                                                                     REPORTABLE

                  IN THE SUPREME COURT OF INDIA

                   CIVIL APPELLATE JURISDICTION

                  CIVIL APPEAL NO. 7346           OF 2008
                 (Arising out of SLP (C) No. 11785 OF 2007)


U.R. Virupakshaiah                                     ... Appellant

                                    Versus

Sarvamma & Anr.                                        ... Respondents
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1. Property flowing through four generations in a family without being partitioned/settled/sold/gifted is an ancestral property,

2. So, the property of great grandfather is an ancestral property to his great grandchild if the said property has not been partitioned/settled/willed/sold/gifted by any body in between after the demise of the said great grandfather.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. 

But when the father obtains	the grandfather's property by way of gift, he receives it not because he is a son or has any legal right to such property but because his father chose to bestow a favour on him which he could have bestowed on any other person, this property does not called ancestral property this is self acquired property of father and son has no right to claim in it.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
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