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Home / Legal / What is the difference between self acquired property and ancestral property?
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What is the difference between self acquired property and ancestral property?

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8 2021-08-18T18:08:03+00:00
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I would like you to know the meaning of ancestral property and self-acquired property before I explain the difference between self acquired property and ancestral property. Self Acquired Property A self-acquired property refers to any property that you purchase with your own money. As an owner, you can sell the self-acquired property to anyone you want. Ancestral Property An ancestral property refers to any property which is inherited up to 3 generations. It is a part of the coparcenary property. That is the property descends from great grandfather, father’s father, and father. Difference Between Self Acquired Property And Ancestral Property
Ancestral Property Self Acquired Property
Family’s consent is required before it is sold Can be sold as and when the owner wants to
It is co-owned by all the family members The buyer is the sole owner
Share and inheritance will depend on the applicable succession laws The owner can transfer it to anyone
  And more thing I want you to know is that an ancestral property won’t become your self-acquired property if you get your share in it by way of a gift deed or a will.
0 2023-08-08T10:11:38+00:00

Ancestral property, self-acquired property, separate property, or other types of properties have terms of their own. Once you understand their meaning separately, you will be able to figure out how they are different. I will be glad to share what I know about the difference between coparcenary property and separate property or other types of property. However, the differences among them are not restricted to this list only.

What is the difference between ancestral and separate property?

There difference between coparcenary property, separate property and self acquired property

Property Type Coparcenary Property Self-Acquired Property Separate Property

Ownership

Owned by the members of the Hindu Undivided Family (HUF) collectively.

Owned by an individual through their own efforts, purchase, or gift.

Owned solely by an individual, not shared with others.

Acquisition

Inherited within the HUF by descendants of the same ancestral line.

Acquired through individual efforts, purchase, or gift, but not ancestral.

Acquired through individual efforts, purchase, gift, or inheritance that  is not part of the HUF

Rights

Coparceners have equal rights and interests in the property.

The individual has absolute control and ownership rights.

The individual has exclusive control and ownership rights.

So this is the difference between coparcenary property and self acquired property, and separate property as well.

What is the difference between joint family property and self acquired property?

Joint family property is owned collectively by all members of a joint family and is usually inherited or acquired within the family. It is managed and controlled by the head of the family and passed down through generations. In contrast, self-acquired property is owned solely by an individual and not shared with others. It is acquired through personal efforts, purchase, or inheritance outside the joint family context.

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Can daughter claim father’s self-acquired property? What is coparcenary property? When ancestral property becomes self acquired?
2 2023-01-29T07:49:03+00:00

India has a wide variety of philosophical viewpoints and religious beliefs because it is a nation with many different cultures, customs, and religions. Numerous ideas, such as self-acquired property or inherited property in India, might differ from one region to another. To my knowledge, the basic difference between the two is, ancestral property refers to any moveable or immovable assets that a person inherits from their ancestors. While a property acquired through will is self-acquired property.

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I am really impressed with the above-mentioned answers regarding the ancestral property and self acquired property differences. However, I’d like to add one thing while discussing about ancestral property vs self acquired property registration in India. 

Any land that one's ancestors may have possessed or are presumed to own is referred to as ancestral in India. This covers property, businesses, and natural resources. Finding out whether the land is located in a state that recognises ancestral land rights is the first step in registering ancestral in India.

If so, documentation must be submitted to the appropriate government agency to prove ownership of the land. The owner can start registering the land with the Indian registrar of titles after the title is established.

Land that has been obtained by the owner independently of a third party is referred to as self-acquired property. Self-acquired property in India is handled differently from ancestral property. Land that has been passed down from one's forefathers through the years is considered ancestral property. On the other hand, self-acquired property can range from a car to an apartment.

You must adhere to specified procedures in order to register self-acquired property in India. You must first submit a declaration of acquisition to the appropriate authorities. This declaration is required to include details including the purchase price, the buyer's name, and the Property Registry.

Documentation like bank statements and confirmation of residency must also be provided. You must register the title in your name with the appropriate government office after your declaration has been submitted. Finally, you must request from the organisation a certificate of property registration.

Apart from the fundamental distinction that property acquired through will is self-acquired property and that any movable or immovable assets that a person inherits from their ancestors are ancestral property, I hope I have been able to make clear one of the most significant points of distinction between self-acquired and ancestral property. I hope this helps:)

Read More:

What are the guidelines for an ancestral property? What is the married granddaughter's share in the grandfather's ancestral property? What is Self Acquired Property?
1 2022-06-15T18:34:51+00:00

One of the most common questions under the Hindu Law, is, whether a property is an ancestral property or self-acquired property. This is essential because the laws regarding both these properties are different. In this answer, I will share the difference between self-acquired property and ancestral property as well as the recent supreme court judgments on self acquired property.

Ancestral Property Meaning

It is a property that is inherited by up to 4 generations of male lineage. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the owner’s death.

What is ancestral property under Hindu law?

Self Acquired Property Meaning

In simple words, any property that a person acquires with his own money is considered self-acquired property.

What is Self Acquired Property?

Self Acquired Property Vs Ancestral Property Sale

As a self-acquired property owner, you can sell it whenever you want. In the case of ancestral property, all the members in the joint family are required to give consent to proceed with the transaction. This is why selling a self-acquired property is easier than selling an ancestral property.

Transfer

You can give your self-acquired property to anybody you want to, unlike an ancestral property. In the case of ancestral property, each coparcener accrues their share in the property by birth and it is very difficult to deny anyone their right to such property. The ancestral property passes on from the father to his children. In the case of self-acquired property, the father can give his property rights to anybody he wants to.

Ownership share

Ancestral properties are co-owned by all the family members, who are entitled to claim their share in it. On any day, the family’s head may do the partition, which will leave you in charge of just a small portion in the property. In the case of self-acquired property, you have an exclusive right over your property as its sole owner.

Recent Supreme Court Judgments On Self Acquired Property (20-01-2022)

The Supreme Court pronouncement gives a clarification of the inheritance laws as applicable to a Hindu female:

(1) The Hindu daughter inherits her father's self-acquired property

(2) The rule of 'survivorship' does not prevail but the rule of 'inheritance' does.

(3) The Hindu female does not just have a limited 'lifetime' interest, she has an 'absolute' right in such property.

(4) Such property can revert to the 'source' only after the death of the Hindu female

Reach Out to NoBroker’s Verified Lawyers if You Have Any Queries Regarding Selling/Buying Self-acquired or Ancestral Property

Read more:

When Ancestral Property Becomes Self Acquired?

Does Ancestral Property Become Self-Acquired after Partition?

I was personally very happy with the supreme court judgments on self acquired property.

😊

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