Sons and Daughters Rights in Father's Property

हिंदी में पढ़ें
July 16, 2019
By Advocate Chikirsha Mohanty



Children as a coparcener have certain rights over their father’s property including right in ancestral property by birth; a right to survivorship (if one coparcener dies the property gets divided among the rest) and so on. The children have a right to take or sell their share of the property to anyone they want.

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Can a father gift a property to his son?

In a recent case, the Supreme Court held that a property that was gifted by a father to his son could not be counted as an ancestral property simply because he got it from his father. The court stated that the property of the grandfather can be held as the father’s ancestral property.

There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers’ father had made a partition during his lifetime. However, when the father obtains the grandfather’s property by way of gift, it is not considered an ancestral property. Sons and daughters don’t have any claim on the said property gifted by the grandfather.

A gift from the father to his son is not a part of the ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such a property because his grandfather chose to bestow a favor on his father which he could have bestowed on any other person as well.

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Thus, the interest which he takes in such a property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his son or daughter cannot claim any part in it calling it an ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as a self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son.

Sons and daughters only have their rights in ancestral properties that have devolved upon their father.



 

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July 16, 2019 Sons and Daughters Rights in Father's Property https://lawrato.com/assets/images/lawguide.png
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Father died without will. How to divide property?

Harsha on Jul 20, 2019
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please share more details on women property rights.

Satya on Jul 22, 2019
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Very well written. Please share more info on daughters rights. Thanks.

Nishita on Jul 10, 2019
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Need a lawyer for my family property case. Where to call?

Shravan on Aug 10, 2019
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Very informative. Got all answers regarding my partition case.

Karthik on Aug 13, 2019
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more info needed on the law

Anuj on Jul 18, 2019
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thanks for the legal advice

Chandra on Aug 04, 2019
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good advice. Who can I contact for my legal issue?

Sarika on Aug 14, 2019
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solved my queries.

Swathi on Jul 06, 2019
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how to contact a lawyer for my legal case?

Usha on Jul 08, 2019
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Vijay on Aug 02, 2019
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good article. Please provide more info

Saravanan on Jul 31, 2019
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thank you for the article

Shashi on Jul 08, 2019
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Written plainly to be understood by anyone who is from a non-legal background.

Anisha on Jul 15, 2019
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Very helpful in understanding the law.

Shraddha on Aug 12, 2019
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very detailed and informative

Gautam on Jul 21, 2019
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Mansi on Jul 21, 2019
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Vinay on Jul 04, 2019
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great advice. Thanks

Karthik on Jul 03, 2019
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its very helpful on the subject

Akhil on Jul 25, 2019

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