Abstract: In China, property division is one of the most important factors in farmers’ custom of family division, which is per se the son-family’s affirmation of property rights towards its maternal family. Previous studies mainly pay attention to the division and succession of farmers’ family property. Nevertheless, they ignore how farmers’ family property comes into being and what the nature of family property is. Consequently, it is difficult to discover the cultural connotations of equal property division among all sons. From the perspective of ancestral property concept, this article argues that family property rights among farmers are characteristic of continuity, division and symbolism. The reason why the subject of farmers’ family property rights is not individuals but households is that its foundation is ancestral property concept. The sharing nature of ancestral property rights shaped by ancestors, “me” and descendents determines that all male descendents have equal right to inherit family property.

Key words: ancestral property concept, family property rights, property division, nature of property rights