An ancestral property is that which an owner receives through succession from his family. In case of Hindus, a property’s property inherited from their father, their grand-father and their great grandfather qualifies as an ancestral property. An ancestral property can be further divided into different categories.
Types of ancestral property
Ancestral property in India can be classified in 5 different types:
- Property inherited from a paternal ancestors
- Property inherited from collaterals or from women
- Share allotted on partition
- Property obtained by gift or will from a paternal ancestor
- Accretions
Property inherited from a paternal ancestor
Property inherited by a male Hindu from his father, grandfather or great grandfather is ancestral property. The children, grandchildren and the great-grandchildren of the person inheriting such property acquire an interest in it by birth. Note that the term ancestral property is confined to property descending to the father from his male ancestor in the male line, and it is only in that property that the children acquire an interest jointly with and equal to that of their father.
Property inherited from other relatives does not qualify as ancestral property. For example, if Rohan Kulkarni inherits property from his grandfather, it is an ancestral property. If Rohan has no children when he inherits such property, he holds the property as the absolute owner. He is free to deal with the property in any manner he wishes to. Supposing Rohan becomes a father at a later stage. The child is entitled to an interest in the property by the mere fact of their birth, and Rohan cannot hold the property as an absolute owner.
Property inherited from a maternal grand-father
Along with sons, daughters are also eligible to get a share in their parents’ ancestral property. By virtue of that, a maternal grandchild has a share in the property.
However, the only property that can be called ancestral property is that which has been inherited by a person from his father, grandfather or great grandfather. Property inherited by a person from his collaterals, such as brother, uncle, etc., or property inherited by him from a woman, e.g., his mother, will be his separate property.
Simply put, property inherited by a daughter’s son from his maternal grandfather is not ancestral property in his hands but is his separate property.
Share allotted on a partition
The share obtained by a coparcener on a partition of ancestral property is ancestral property as regards his issues. They take an interest in it by birth, whether they are in existence at the time of the partition or are born afterwards. But, such a share is a separate property. So, if the coparcener dies without leaving any issue, it will pass on to his heirs by succession.
Property received as or Will from a paternal ancestor
Where a Hindu makes a gift of his self-acquired or separate property to his son or bequeaths it to him under a Will, such property may or may not be an ancestral property in the hands of the donee. It would depend totally on the intention of the donor: whether they intend for the donee to have it exclusively or that the gift would be for the branch of the family. There is no presumption either way.
Accretions
Accumulations and accretions of income of ancestral property are ancestral property. Courts in India have time and again explained this concept. Property bought using the income or with the assistance of ancestral property is also ancestral property. Property purchased out of the sale proceeds of ancestral property or obtained in lieu of such property is also ancestral property.
It also be noted that children, grandchildren and great grandchildren acquire a vested interest, not only in the income and accretions of ancestral property which accrued after their birth, but also in that which accrued before their birth.
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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