Elder son's right to claim share in father's self acquired property
20-Jan-2023 (In Property Law)
Sons and daughters have the first right (as Class I heirs) over the self acquired property of their father if he dies intestate i.e. without leaving a Will and since both the son and daughter are also coparceners, they also have the legal rights to get shares in ancestral property. The law as to when a son can acquire property is slightly different in case of ancestral and self acquired property.
Son’s right in case of ancestral property
As has been discussed before, a son has coparcenary rights since birth. He can even claim his share in the ancestral property before his father dies, i.e. during the lifetime of the father (by way of partition). However, it is of prime importance for him to prove his succession and right to share in the property, whether the eldest son or youngest.
Son’s right in case of self acquired property
Self acquired property is the property that is acquired by a person by purchasing it using his own resources, or as a gift, or through a testamentary document (e.g. Will) or received as legal heir (i.e. received after partition, etc.)
No son (or daughter) has legal right over the self acquired property of his father or mother. The son could however claim a share if he can prove his contribution in the acquisition of property. Moreover, if the father plans to or has bequeathed his properties to some other individual by way of gift deed or will, the son will have no right or chance to receive any share. It is entirely the father’s property and it is upon his wish how he wants to transfer or not transfer it. Even the grandson has no rights over the self acquired property of his grandfather.
In the query above, if the property was ancestral property, the son would have a right in such property and could ask for partition and a share as he is a Class 1 heir. However, since the property is self acquired, the son has no right or entitlement to a share in such property, unless he has proof of contribution towards the acquisition of that property. It only belongs to the father and it is upon the father’s decision of how he would like to bequeath the property. It does not matter whether you are the eldest son, or the youngest. You being a son cannot stop your father from selling or transferring the property. Even your son i.e. the grandson has no right to claim any share in the self acquired property of the grandfather. Only if the father dies intestate i.e. (without making a will), all children (sons or daughters) will be entitled to get shares as legal heirs.
Can a son challenge his father's will?
What are the legal rights of son on father's property in India?
Can father remove son from property?
Do married daughters have rights in father's property when father is alive?
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