Supreme Court: Many times disputes arise between sons and daughters over rights to their father’s property. However, the law is completely clear in this regard.
The Supreme Court has also made it clear in one of its important decisions that a son can get rights over his father’s property only if he is a legal heir to that property. Especially in the case of self-acquired property, the father’s wish is paramount.
Difference between self-acquired and ancestral property
According to Indian law, property is divided into two main parts, self-acquired property and ancestral property. Self-acquired property is that which a person has earned himself through his hard work, income or business. This type of property is only owned by the person who has earned it. If he wants, he can give it to any of his loved ones, be it a son, daughter or any other relative.
In contrast, ancestral property is one that has been passed down for four generations, i.e. property that has been passed down from father, grandfather, great-grandfather or their ancestors. Such property is jointly owned by all the heirs of the family, i.e. sons, daughters and other heirs. No person is the sole owner of it and consent of all co-owners is required to sell or transfer it.
In which property of the father does the son have no right (Supreme Court)
In one of its historic decisions, the Supreme Court has made it clear that if the father’s property is self-earned, then the son cannot forcibly make any claim on it. This rule applies equally to both married and unmarried sons. If the parents want to give something from their property to the son, they can do so by making a will, but if they do not want to give, then the son cannot get any legal right.
Supreme Court Decision
Avnish Pandey, practitioner at Lucknow High Court and LLM (student), KMCLU, Lucknow, explains, “Clarifying the difference between ancestral and self-acquired property in Hindu law, the Supreme Court of India has recently held that self-acquired property cannot automatically be converted into joint family property if the owner of the property does not consent to the transfer of the same in favour of someone. This important principle has been decided by a bench of Justice R. Mahadevan in the case of Angadi Chandranna vs Shankar & Others (Civil Appeal No. 5401/2025).”
Role of Mitakshara Law in Property
In Hindu families of India, the Mitakshara Law has a prominent place in property matters. According to this law, the son gets the right to ancestral property from birth. But in the case of self-acquired property, the father has full right to give it to anyone or not. The Mitakshara system specifically believes that the father is the sole owner of his acquired property and his decision is final.
What is the role of a will in property? (Property Will)
If a person has made a will regarding his property, then the property is distributed according to that. But if no will has been made, then the property is divided under the Hindu Succession Act, 1956. This process also varies on the basis of self-acquired and ancestral property.
Thus it is clear that as per Indian law and Supreme Court’s decision, sons have no birthright on self-acquired property. They can get the property only if the father voluntarily includes them or gives rights through a will. At the same time, in the case of ancestral property, all the heirs have joint rights. Therefore, families should be aware in such cases, so that there is no dispute later.
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