Property Rights Update – When it comes to property and inheritance in Indian families, one of the most common questions that comes up is this: how much share do children get in their father’s property? This has been a source of confusion and disputes for years, but now, thanks to recent court rulings and clearer legal interpretations, things are finally starting to make sense.
Two Main Types of Property
To understand your rights, you first need to know that property in India generally falls under two categories:
- Ancestral Property – This is property passed down through generations. Basically, if it has remained undivided and has come from your grandfather or great-grandfather, it’s ancestral.
- Self-Acquired Property – This is property that your father bought, earned, or received during his lifetime through his own efforts or legally through a gift or will.
Children’s Rights in Ancestral Property
Here’s the good news: if the property is ancestral, all children – both sons and daughters – have an equal right to it by birth. This means even married daughters can claim their share. This became clear after the amendment to the Hindu Succession Act in 2005, and the Supreme Court has confirmed it in several rulings.
You don’t need your father’s permission to ask for your share if it’s ancestral. It cannot be gifted or sold without the consent of all who have a legal right in it.
Children’s Rights in Self-Acquired Property
Now, this is where things change. If your father has earned or bought the property on his own, it is considered self-acquired. In this case, he has full rights over it during his lifetime. He can sell it, gift it to someone, or even leave it to anyone he wants in a will – whether that’s his children, a friend, or a charity.
So, if there is a valid will in place, children have no automatic right to the property. But if your father dies without making a will (what the law calls ‘intestate’), then the property will be divided equally among all Class-I legal heirs. These include the wife, son, daughter, and mother (if she is alive).
What Happens If There’s No Will?
If your father dies intestate, the property will be split equally among all legal heirs. For example, if the family includes the wife, one son, and one daughter, each of them gets one-third. If the mother of the deceased is also alive, then the property gets divided into four equal parts.
This law applies to Hindus, Sikhs, Jains, and Buddhists under the Hindu Succession Act.
Muslim and Christian Inheritance Laws
Muslim law works differently. Under Shariat law, sons get twice the share of daughters. Also, a Muslim man can only will away one-third of his property, and the rest is divided as per Islamic rules.
For Christians, the law is more like the general Indian succession law. If a Christian man dies without a will, all children get an equal share regardless of whether they are sons or daughters.
Can a Father Disinherit a Child?
Yes, but only from self-acquired property, and only if there is a valid will. A father cannot deny a child’s share in ancestral property unless the property has already been divided and becomes his self-acquired share.
If a child feels that the will is fake, made under pressure, or wasn’t signed properly, they can challenge it in court. But proving this isn’t easy.
Supreme Court Verdicts That Changed Things
Some important court cases helped clarify a lot:
- In 2015, the court said daughters have rights in ancestral property if the father was alive as of 2005.
- In 2018, the court gave relief even if the father died before 2005, as long as the case was still open.
- In 2020, a major judgment confirmed that daughters have equal rights by birth, regardless of when the father died.
Property issues can get messy, especially in joint families or when no proper documentation is available. That’s why it’s important to know your rights in advance. If you’re a parent, it’s always a good idea to create a clear will. And if you’re a child, understanding whether the property is ancestral or self-acquired can save you a lot of confusion later.
Laws are now more gender-equal, and both sons and daughters stand on the same footing, especially when it comes to ancestral property. So if you ever face a property dispute, make sure you know the basics before stepping into legal territory.
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