• If property divided among my previous generation( father and uncles). Is it remains ancestral?

If property divided among my previous generation( father and uncles). Is it remains ancestral? Can my father will it as per his choice?
Asked 6 months ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu

For ancestral property means it should be 4th generation means your father and uncles should be fourth generation than it will be called as ancestral property.

Ganesh Kadam
Advocate, Pune
9029 Answers
74 Consultations

4.9 on 5.0

Even if ancestral property is divide by way of deed of partition then also the same remains as ancestral property upto 3 generation of the legal heirs, whether born or alive.

Devajyoti Barman
Advocate, Kolkata
18614 Answers
268 Consultations

5.0 on 5.0

Property after being divided ceases to be ancestral and it can be disposed of by will.



Kallol Majumdar
Advocate, Kolkata
2074 Answers
3 Consultations

5.0 on 5.0

1.  IF the property was duly Partitioned via a registered Partition Deed, THEN such partitioned property shall lose its status as "ancestral property" and "AFTER" partition deed, the partitioned portions shall be classified as "self-acquired" property, for all futuristic purposes like Sale /Gift /Will /Donate /Mortgage /whatever.

Hemant Agarwal
Advocate, Mumbai
3703 Answers
19 Consultations

5.0 on 5.0

No if it's divided in last 4 generations then it will not be ancestral

Prashant Nayak
Advocate, Mumbai
16778 Answers
30 Consultations

4.6 on 5.0

No it will lose it's ancestral character after formal partition between one generation.

Mohit Kapoor
Advocate, Rohtak
6611 Answers
2 Consultations

5.0 on 5.0

1) property which has remained undivided for four generations is ancestral property 


2) your father can bequeath his share of property by will 

Ajay Sethi
Advocate, Mumbai
72127 Answers
4339 Consultations

5.0 on 5.0

No property partitioned and divided is not joint family property or ancestral property.

Yes your father can sale or will or transfer the property on his wish.

Shubham Jhajharia
Advocate, Ahmedabad
22922 Answers
93 Consultations

5.0 on 5.0

The ancestral property will be the property for you in 4th generation so if it is passed by your great grandfather to your grandfather and then to your father then this property can be termed as ancestral property and in that case your father can not make any will after your birth

Vimlesh Prasad Mishra
Advocate, Lucknow
6207 Answers
20 Consultations

4.9 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
13891 Answers
6 Consultations

4.5 on 5.0

If property acquired by great grand father and partitioned between your father and sibling. Than on birth of son, resumes ancestral status.

Yogendra Singh Rajawat
Advocate, Jaipur
16798 Answers
21 Consultations

4.6 on 5.0

The property was divided among the legal heirs of your grandfather hence it will no more remain ancestral property.

Therefore it becomes your father's own and absolute property.

your father can dispose the same in any manner he may desire and decide and in anyone's favor, nobody can question his authority as a right.


T Kalaiselvan
Advocate, Vellore
62058 Answers
803 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer