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Kuldeep Singh   18 July 2025

Ancestral property confusion

A--------B---------C---------D

 

A Great grand father, B= grandfather, C= father, D= son

 

A died intestate and had self acquired property, B alive, C alive, D alive

 

1. Whether property status is self acquired or ancestral?

2. There is talk of four generations here and property is undivided upto 4 generations. am i right?

3. If it is not an ancestral property then how can it become an ancestral property?



 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 July 2025

Let's break down the information regarding ancestral property in India to address your questions.

Property Status: Self-Acquired or Ancestral The property initially belonged to your great-grandfather (A) as self-acquired property since there's no mention of it being inherited from his ancestors. 

When A passed away intestate, the property would be inherited by his son (B), making it ancestral property for B's lineage if it remained undivided.

 Four Generations and Undivided Property You're correct that ancestral property rights extend to four generations of descendants by birth. If the property has remained undivided across these generations, it would be considered ancestral property for the current generation (D).

The four-generation rule applies when property is inherited uninterruptedly from male ancestors, specifically from great-great-grandfather to great-grandfather to grandfather to father to son. 

Conversion to Ancestral Property A self-acquired property can take on the character of ancestral property if it's thrown into the common stock of the joint family and treated as joint family property over generations without partition. 

However, if the property was self-acquired by an ancestor and has not been part of the joint family property for four generations, it would retain its self-acquired nature. In your scenario, if the property has remained undivided and has been passed down through four generations, it would likely be considered ancestral property for the son (D). To determine the exact status, it's essential to consider factors list.

 *Property Source*: How the property was initially acquired -

*Family Partition*: Whether the property has been partitioned or remains joint - *Generational Transfer*: How the property has been transferred across generations Some key points to keep in mind.

*Ancestral Property Characteristics*: - Inherited from male ancestors up to four generations - Joint ownership among coparceners with birthright interest - Cannot be sold or transferred without unanimous consent - 

*Conversion to Self-Acquired Property*: - Partition of ancestral property results in individual shares becoming self-acquired - Owners have full rights to manage, sell, or transfer their share without needing approval from other family members or heirs.

Kuldeep Singh   18 July 2025

The ancestors before the Great Grandfather(A) had no land/property. All this property was bought by the Great Grandfather with his money.

 

@T. Kalaiselvan sir plz reply

T. Kalaiselvan, Advocate (Advocate)     19 July 2025

Ancestral property is inherited property that has been passed down through at least four generations of a family, specifically within the male lineage.

 It is distinct from self-acquired property, which is purchased or earned by an individual using their own resources. 

For property to be considered ancestral, it must remain undivided across those four generations. 

In your case the property has not passed through the next generation of your great grandfather.

Your grandfather is alive and he has rights to succeed/inherit the property along with his siblings and once they divide the property among themselves, the property becomes the individual's self acquired property after the said partition.

The concept of four generations is that it should not have been divided after the death of each generation male lineage, whereas in yor case the grandfather is still alive and had been enjoying the property as a successor in interest, hence it will not fall under the ancestral property category.

Advocate Bhartesh goyal (advocate)     19 July 2025

Since the property was self acquired property of "A" and he died intestate, his property rights devolved to his son"B" who is still alive so nature of property is self acquired property of "B" and not ancestral property.

P. Venu (Advocate)     20 July 2025

Yes, the property is self-acquired.


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