What legal rights do you have in your father’s property?


legal right, nrihelpinfo

Under the Hindu Succession Act, 1956, a son or a daughter has the first legal right as classified in the Class I heirs over the self-acquired property of his/her father if he dies intestate (i.e. without making a will). As a coparcener, an individual has the legal right to acquire his or her share in ancestral property. If a father has made a Will with regard to his self-acquired property, then the property will go to persons as per the Will.

In the case of ancestral property

According to Hindu Law, an individual automatically gets the legal right to his/her share in the ancestral property at their birth time. It is the property which is inherited up to 3 generations of male lineage. 

A property is considered ancestral property under two conditions- 

If it is inherited through the father from his father, i.e. the grandfather after his death or inherited from the grandfather. This means that father acquired the property from his grandfather, A gifted property will not be treated as ancestral property. A son can claim his property share in an inherited property even during the existence of his father. In any case, a person seeking his share in the property must prove his succession. Nevertheless, this does not count a stepson (the son of the other parent with another partner, deceased or otherwise) among the Class I heirs. 

In the case of self-acquired property

The law states that a son does not have a legal right over the self-acquired property of his parents. However, a son could claim his share if he can prove his contribution towards the acquisition of the property. Besides, there is no chance for a son in getting a share in the self-acquired property if his father has given his property to someone else, by means of a gift deed or a Will. He may be entitled to use the property on permission, but his parents are not under any responsibility to allow him to live there. Besides, a grandson does not have the legal right over the self-acquired property of his grandfather. 

If father gifts a property

Property is not regarded as an ancestral property if it was gifted by a father to his son. Hence, an individual cannot claim his share in a property and land which was gifted to his father by his grandfather. The property and land which a son or a daughter gets as a gift from the father become their self-acquired property. In such matters, the grandchildren have no legal right in property that their grandfather gifted to his own daughter or son, or which he could have gifted to any other person, too. Such property and land is considered as self-acquired property unless there is a clear declaration of intention by the grandfather to make it as ancestral property.

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What legal rights do you have in your father’s property?

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