Ancestral Property:

Property that remains within the family for three generations is referred to as ancestral property. This includes property inherited from one’s father, grandfather, and great-grandfather. Any other property owned is considered personal property. Traditionally, only male members had rights to this property.

However, the Hindu Succession Act, amended in 2005, allows women to enjoy equal rights to ancestral property. Now, women have the same rights as men to this property. Once a partition or division occurs, all members will receive an equal share of the property. Let’s look at some features of ancestral property.

Features of Ancestral Property

1. Four Generations: 

Ancestral property must be held through four generations.

2. Indivisibility: 

The property should not be divided among members. Once partitioned, it becomes self-acquired property, not ancestral property.

3. Birthright: 

Individuals have a right to the property from birth.

4. Controlled by Lineage: 

Rights to the property are controlled by lineage, not by an individual.

5. Generational Shares: 

Shares are first determined for each generation and then subdivided for the next.

Types of Ancestral Property

1. Paternal Ancestral Property: 

This is property inherited by a Hindu male from his father, grandfather, or great-grandfather. It is considered ancestral property if it is inherited from any of the three immediate paternal ancestors.

2. Property from Female Relatives: 

Any property inherited from female relatives of the household is not considered ancestral property. Such property is regarded as the personal property of the woman.

3. Gift or Will from Paternal Ancestors: 

Property received from paternal ancestors through a gift or will may be considered ancestral or self-acquired, depending on the conditions set by the ancestors. If the property is intended for the welfare of the family, it is ancestral; otherwise, it is personal property.

4. Other Property: 

Any property acquired from the income of ancestral property is also considered ancestral property. Children, grandchildren, and great-grandchildren have an interest in the income and accumulations from such property even before their birth.

According to Section 26 of the Hindu Succession Act, if a person converts to another religion, they still retain rights to ancestral property. Their birthright to the property means that conversion does not stop them from claiming it. However, illegitimate children cannot claim rights to ancestral property.

Under Muslim law, there is no concept of coparcenary property, so there is no ancestral property as defined. Christian law is governed by the Indian Succession Act, which does not provide for ancestral property. In both these laws, property can be inherited through a will, gift, or as legal heirs after the owner's death.