๐ Difference Between Ancestral and Self-Acquired Property Under Hindu Law
Hindu Succession Act, 2005 โ Explained for RJS, DJS, PCS (J)
๐ Introduction
One of the most frequently tested concepts under Hindu succession law is the distinction between ancestral property and self-acquired property.
The nature of the property determines the rights of family members, including daughters, to claim a share or demand partition.
This post explains the legal meaning of ancestral and self-acquired property under Hindu law and clarifies their implications after the Hindu Succession (Amendment) Act, 2005.
๐ What is Ancestral Property?
Ancestral property is property inherited by a Hindu male from his father, grandfather, or great-grandfather.
Such property must remain undivided for four generations and is governed by the principles of Mitakshara Hindu law.
Every coparcener acquires an interest in ancestral property by birth, and the property is held jointly until partition.
๐จโ๐ฉโ๐ง Coparcenary Rights in Ancestral Property
After the Hindu Succession (Amendment) Act, 2005, daughters are recognised as coparceners by birth in ancestral property.
They enjoy the same rights and liabilities as sons.
- โ๏ธ Right to demand partition
- โ๏ธ Equal share on partition
- โ๏ธ Right to dispose of share by will
๐ก What is Self-Acquired Property?
Self-acquired property refers to property acquired by a person through his own efforts, income, or resources.
It includes property purchased, earned, or received by way of gift or will.
Such property does not form part of the coparcenary and no other family member acquires any right in it by birth.
๐ Rights of Daughters in Self-Acquired Property
A daughter does not have a right by birth in the self-acquired property of her father.
Her right arises only by way of succession.
If the father dies intestate, a daughter is a Class I heir under the Hindu Succession Act and is entitled to an equal share along with other Class I heirs.
If the father executes a valid will, the property will devolve according to the terms of the will.
โ๏ธ Key Distinction Between Ancestral and Self-Acquired Property
- Ancestral property gives rise to rights by birth; self-acquired property does not
- Partition can be demanded as of right only in ancestral property
- Coparcenary exists only in ancestral property
๐ Importance for Judicial Service Examinations
Understanding the distinction between ancestral and self-acquired property is essential for answering questions on Hindu succession law.
This topic frequently appears in both prelims and mains examinations of RJS, DJS and PCS (J).
๐ Related Reading
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๐ Hindu Succession (Amendment) Act, 2005 โ Daughtersโ Rights Explained
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๐ Can a Daughter Claim Fatherโs Property After Marriage?
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๐ Supreme Court Judgments on Hindu Succession Act, 2005
(Internal links for conceptual clarity and exam preparation)
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โ Frequently Asked Questions
Ancestral property is property inherited up to four generations of male lineage which remains undivided and in which coparceners acquire rights by birth.
Yes. After the 2005 amendment, daughters are coparceners by birth and have the same rights as sons in ancestral property.
Self-acquired property is property acquired by a person through his own income, effort, gift, or will, and no one else has a birthright in it.
No. A daughterโs right in self-acquired property arises only by succession if the father dies intestate.
The distinction determines whether rights arise by birth or succession and is frequently tested in Hindu law questions in judicial service examinations.