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Can father give inherited property only to 1 child? How to avoid it?
04-Jun-2023 (In Property Law)
Can my parents give their property to only one of their child or should it be divided equally among all the children? They have their own acquired property as well as property inherited by my father as a single heir.
For the inherited property, can he dispose it off at his will or does it automatically get divided between all his legal heirs? If not, how to get the share in the inherited property?
With respect to self-acquired property, your parents can dispose off the property as per their wish. They are entitled to create a will and the devolution shall be as per the Will. However, in case there is no will, then it shall devolve as per the Hindu Succession Act and you shall be entitled to the share as per the Act.
With respect to the property inherited by your father, it is essential as to whether the said property is ancestral or coparcenary because only then you have a right since birth, if the property was no ancestral or coparcenary and devolved on you father in his individual capacity then you cannot claim a share in it as it becomes self acquired property in the hands of your father and he can dispose it off as per his wishes.
If it is ancestral or coparcenary then you can file a suit for partition of the property and get your share.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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