Quick answer: Under the Hindu Succession Act, a coparcener can make a will for their own undivided share in ancestral (coparcenary) property, but not for the shares belonging to other coparceners. Self-acquired property — and property you inherited from a parent by will or after partition — can generally be left to anyone. Because the classification is fact-specific, describe the property carefully and consider legal advice if it is undivided or disputed.
Key takeaways
- Ancestral property usually means property inherited up to four generations in the male line that has remained undivided.
- Since 2005, daughters are coparceners by birth with the same rights as sons.
- You can bequeath your share of undivided coparcenary property (s. 30 HSA), not the whole.
- Property inherited from a father under s. 8 is generally treated as your separate property.
Ancestral vs self-acquired property
Classification decides how much freedom your will has.
| Type | Examples | Can you will it? |
|---|---|---|
| Self-acquired | Flat you bought, savings | Yes, fully |
| Inherited from parent after 1956 (by succession) | Father's flat inherited on intestacy | Generally yes, as your property |
| Undivided coparcenary share | Family house never partitioned | Only your notional share |
Daughters' rights
The 2005 amendment to section 6 made daughters coparceners by birth. The Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020) confirmed this applies whether or not the father was alive in 2005. Your will cannot remove a daughter's own coparcenary share.
For NRIs abroad
Many NRIs hold an undivided interest in a family home managed by relatives in India. Consider whether a partition or family settlement first would make your wishes easier to carry out. In your will, describe the property and state that you bequeath 'all my right, title and interest' so you do not overreach.
When to get advice
Undivided family property, agricultural land or an existing family dispute are good reasons to consult a lawyer in India.
Frequently asked questions
- Can I leave ancestral property only to my son?
- You can leave your own share to anyone, but you cannot give away your daughter's or other coparceners' shares.
- Is my father's flat that I inherited ancestral?
- Generally, property inherited from a father under section 8 after 1956 is treated as your separate property, not coparcenary property. Facts matter.
- Can an NRI inherit agricultural land?
- RBI rules generally allow persons resident outside India to inherit, but some states restrict agricultural land ownership. Get local advice.