Right of a son in his Father Property
As per the Hindu Succession Act, 1956, a daughter or a son has the first right as the Class I legal heirs over the self-acquired property of his/ her father if he dies intestate (without leaving a will). As a coparcener, a person also has the legal right to acquire his/her share in ancestral property. But in some situations, as discussed below, a son may not get his share in his father property.
The rights of an individual on a father’s property:
Right of a son in his Father’s Property: In the case of ancestral property
According to the Hindu Law, a person automatically gets the right to his/her share in an ancestral/Coparcenary property at the time of their birth. Ancestral property is a property which is inherited up to 4 generations of male lineage.
A property is considered as ancestral under two conditions –
- If the father inherits it from his father, i.e. the grandfather after his death or acquired from the grandfather who partitioned the estate during his lifetime.
- In case, the father obtained the property from his grandfather as a gift; it will not be treated as inherited property.
A son can claim his share or rights in an ancestral property even during the lifetime of his father. In any situation, the applicant seeking his share in the property must prove his succession. Though, the act does not include a stepson (the son of another parent with a different partner, deceased or otherwise) amongst the Class I heirs. In some cases, the court allows a stepson to inherit the father’s property.
Right of a son in his Father’s Property: In the case of self-acquired property
The law states that a son does not have a legal property right over the self-acquired property of his parents. Though, he could claim his share if he can prove his contribution towards the acquisition of the estate. Moreover, there is no chance for a son in obtaining a share in the self-acquired property if his father has granted his property to someone else, through the means of a will, or a gift deed. He may be authorised to use the property on permission, though his parents are not under any kind of obligation to allow him to live there. Besides, a grandson does not have any legal rights over the property which is self-acquired by his grandfather.
Right of a son in case if father gifts a property
Property is not acknowledged as an ancestral property if it was gifted by a father to his son. Hence, an individual cannot claim his property share which was gifted to his father by his grandfather. The property which a daughter or a son accepts as a gift from the father becomes their self-acquired property. In such concerns, the grandchildren have no legal right in property their grandfather gifted to his son or a daughter which he could have gifted to any other person, too. Such property or land is regarded as self-acquired property unless there is a clear explanation of intention made by the grandfather to make it ancestral property.