An ancestral property  partitioned through a partition deed, family arrangement, etc. loses its ancestral character. The prerequisite of an ancestral property is that an ancestral property should not have been divided or partitioned by the family members, as once a division of the ancestral property takes place, the share or portion which each coparcener gets after division becomes his or her self acquired property. 

2) SC held that , on partition an ancestral property remains in the hand of a single person, it has to be treated as a separate property and such a person shall be entitled to dispose of the coparcenary property treating it to be his separate property but if a son is subsequently born, the alienation made before the birth cannot be questioned. But, the moment a son is born, the property becomes a coparcenary property and the son would acquire interest in that and become a coparcener.”

1. Ancestral Property which comes from ancestors of paternal side upto three generations above intact, without having partitioned qualifies as Ancestral Property.

2.  In case the property has not traversed for three generations from paternal side and is not intact,  then it becomes seperate property having the characteristic of self acquired property.

Hi. Hope you're doing well. 

An Ad-interim injunction is temporary in nature and will not affect your rights permanently. Furthermore, if an ex-parte injunction has been passed against you, i.e. an injunction has been passed in your absence, you can file an application under Order 9 Rule 13 CPC to have the ex-parte injunction set aside, and if you have a valid justification for your absence from the court proceedings, the ex parte injunction will be set aside.

Hope this answers your query. If you need any further legal assistance of any kind, feel free to reach out.

Regards,

Siddharth Jain

The property which is not partitioned from 4 generation is ancestral and all legal hers have it's rights 

1. First scenario: Under Hindu law of inheritance, any immovable property remains ancestral up to three generations of legal heirs. Suppose there is property X acquired by common efforts of family members of A generation. Legal heirs of subsequent first generation B, second generation C and third generation D will have right to claim share in it but not the fourth generation E.
2. Second scenario: Legal heirs of generation B also acquire some property and add to stock of property acquired by generation A, now the  generation E will have right  to share the  same being third generation from generation B. This will extend from E the  F and further.
3. X property is duly partitioned among A, B, C and D. A & B have two sons each, property in A’s and B’s hands is not self-acquired as there are sharers at the time of partition.
4. At the time of partition  there baby in the  womb of C’s wife, property in the  hand of C is ancestral with right  to share by child in the   D is not married or married but without any child. Property in D’s hands have all character of self acquired property though accruing through partition .

- An ancestral property must be continued for four generations and passed down from generation to generation. 

- An ancestral property must be undivided by the family members.

-  If your great grandfather acquired an ancestral property then after his death it should pass to your grandfather, and after his death it should pass to your father and his siblings, but if your grandfather divides the ancestral property to your children then this property will convert into a self acquired.

The property inherited by a Hindu from his father's father and father's is ancestral property. Property inherited by other relations is his separate property. The essential feature of ancestral property is that if that person inheriting it has sons, grandsons or great grandsons, they become joint owners with him.

Ancestral Property:

• This property should be four generation old.
• 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.
• 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.
• 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.
• 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 can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

A property which has been in common possession and enjoyment of all the co-sharers and has not been partitioned for three generations becomes ancestral in the hands of the fourth. Continuity is of essence. After division, each beneficiary is entitled to his/her share absolutely and exclusively, as if it were his/her self-acquired asset.

Dear client ancestral property does not turn into self acquired property after partition. It always remains and sister property and it goes further as an ancestral property