Son's right in father's property while he is alive according HUF

540 votes

If the property is ancestral property then it doesn't matter that son is separate or not son has right in the ancestral property, it's depends upon the tipe of property and depends upon the circumstances that if father already has given his share earlier and settle the dispute then it can be say that now son is not entitled any further share in ancestral property, it is the one thing,

Second thing is if the property is personal property of the father then son has no right to claim the share in the property and father is free to manage his property according to his own wish.

Advocate Rohit Jagwani LawRato

546 votes

Yes you have a right in the fathers property, provided that He has not prepared his will specifying your share to be abandoned.
If you qualify to be among the following given in Schedule , you have a right
[Section 8]

HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

CLASS II

I. Father.

II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

V. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

IX. Mother’s brother; mother’s sister.

Advocate Rakesh Kumar Vishwakarma LawRato

908 votes

Yes, he is entitled to share if the property is ancestral property of his father and not self acquired property. If it is self acquired property but without there being a will of father, then also he can get share in property.

LawRato LawRato