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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?



 1 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.


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