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Hi
Thank you for the prompt response. Could you please define what is ancestral property ?
I also wanted to know what kind of property can be attached ? Can ancestral property in which i have a share also be attached or only self acquired property can be attached for recovery ? Moreover, if ancestral property can be attached, would it help if i give up my share by submitting a relinquishment deed ?
Asked 12 months ago in Civil Law from New Delhi, Delhi
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. what has been inherited by their respective predecessor.

2) your share in ancestral property can be attached 

3) you can relinquish your share in ancestral property 
Ajay Sethi
Advocate, Mumbai
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Hi,  Ancestral property means property earned by propositus of the family, which is yet be partitioned by their sons.

2. Yes your share in the property has to be attached.

3. It is better you can release your share in the property to somebody in the family.
Pradeep Bharathipura
Advocate, Bangalore
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Ancestral property is the property passing on the fourth generation in the same state as it was.  A fourth generation child is entitled to coparcenary rights in the ancestral property.  Therefore the bank may not attach the property being ancestral to avoid litigation of this nature.  Your idea to relinquish your rights in the ancestral property in favor to other sharers is fine, you can go ahead with it. The bankers/financiers may not come nearer to the ancestral properties due to it s nature of continuity of rights among the future generations especially minors, who may flare up with litigation at any stage in the future.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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What is ancestral property ?
 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.

 What is not ancestral property ? 
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.

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. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property
Ajay N S
Advocate, Ernakulam
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Any type of property can attached .The only thing is that you have absolute ownership in that property.Bank and  other financial institutions never goes to ancestral properties due to difficulty to execute  further execution proceedings .you can relinquish your share in ancestral property any time 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Ancestral property is one which was originally purchased by the four lineal descendant. The ancestral property can also be attached and sold in satisfaction of a decree passed by the civil court. If you relinquish your share the property cannot be attached except if the transfer is declared as illegal by the court.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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1. Ancestral property is defined as the property title of which has not been changed for 4 generations through any sale/gift/settlement/relinquishment deed or will i.e. from great grandfather to great grandson,

2. The share of the defaulter on his ancestral property can be attached even after his death by filing a petition against the legal heirs of the said defaulter,

3. If the same is attached, you can not deal with it in any way. Moreover there will be a charge on the said share of the property of the defaulter for which the property will encumbered to be relinquished.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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