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Upesh Jain   12 April 2023

Ancestral property share

If Mr.X has a wife, one son and 2 daughter. After the death of Mr.x his property is divided equally among all in 1/4 portion i.e between wife, son and 2 daughter.

The property was ancestral Property to Mr.X and he died without Will.


After death and Inheritance of property Wife and daughter of Mr X. Signed release Deed in favour of Son of Mr.X. So now Son of Mr. X is having 100% ownership of property as like Mr X.


So Query is How much portion of property is Ancestral property to Mr.X? Is it 1/4 share or whole 100% share? Ancestral property received through release deed (3/4 share) will be considered as Ancestral property or Self acquired property?



 3 Replies

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     12 April 2023

as per your example... son of mr. x have 3/4 of total property (if mother and one daughter release deed)

son of mr. x have 100% of the property (if mother and both daughter release deed)

however, if anyone having objection on the deed and regarding partition then the person can file suit for partition in the court for his share.

Dr J C Vashista (Advocate)     13 April 2023

Ancestral (inherited in succession) 1/4th and remaining 3/4th would be self-acquired.

1 Like

Upesh Jain   13 April 2023

So Will can be written for 3/4 share, right? As it is not ancestral Property?

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