When we talk about who gets the undeniable right over the father’s property, the first answer is his son. In case a person does not have a son, then come his daughters. If a person is childless, it is the wife during her lifetime, and then his legal heirs as per the applicable laws. However, those assumptions are not as true as they may seem. A father’s rights in the property may vary, and rights of other persons may be decided on that aspect. Here, we are talking about the mode through which the father obtained rights in such property which is in question for deciding who has the right over the father’s property. Whether it is property existing and being transferred for generations, or property bought by the father from his own earnings, decides who gets the property. Since we are talking about right over father’s property, the possibilities for sons and daughters have been discussed separately.
Son’s Rights on Father’s Property
People usually assume that the “Ghar Ka Chirag”, son, is the ultimate and undisputed heir in his father’s property. No matter if he is a caring son, or one who is only looking at his parents as a piggy bank, he will be inheriting the properties owned by the father. The truth is somewhat more practical. The chances of attaining righht over father’s property depends upon the nature of right which the father enjoys. If it is an ancestral property, the son has coparcenary right in the same. It means that rights are attained with the fact that the child was born in the joint family, and got his share in the the ancestral property by birth. In case of self acquired property, the wishes of such father make a lot of difference. It depends whether the father wants the property to be passed on to his son or not. Self acquired property can be transferred to an outsider as well and the son cannot do anything in this regard. Hereunder, some queries related to son’s right over father’s property have been discussed.
Can a son claim father’s property when father is alive?
When a father is alive, the degree of his own rights over the property make all the difference. The ancestral property which a father gets rights by birth, the rights are same for his son. In other words, the son also gets rights by birth in the ancestral property, and has his own shares. So if partition takes place, all the coparceners claim equal share. In case of a self-acquired property, the father may willingly transfer/gift such property to his own children, wife, or some outsider as well. A father may also write a Will in his son’s favour declaring right of son in father’s property. While the Will will be made during the lifetime of the father, it will come into effect only after the death of the father.
Also explore about women’s property rights in India
Can a son claim father’s property when mother is alive?
When a father is no more but the mother is alive, a son can claim right in his father’s property. In such a case, inheritance law will be applicable, which means that the degrees of heirs will decide the share of such a son. In case the father died leaving behind a wife and two sons, the property will be divided in 3 shares. If the father made a Will and he is dead at the given time, mother being alive does not make any difference, and the son can claim rights in father’s property. If it is ancestral property, the mother being alive does not make any difference, and the son can claim partition.
Married Daughter’s Right in Father’s Property
After amendment in Hindu Succession Act in 2005, daughters got the right to become a coparcener having an equal standing as that of a son in ancestral property. Thus, if it is joint or ancestral property of father, daughter has the right to claim in the same. If the question pertains to self-acquired property of the father, the situation is similar to that of a son. A daughter’s right over father’s property in such a case depends upon the father’s willingness to pass on such property to his daughter. The marital status of daughter does not make much difference since married daughters have equal rights as that of a son. If the father wants, he can execute a transfer or gift deed in favour of his daughter, resulting in transfer of property of father to his daughter with immediate effect. If the father is no more alive, Inheritance laws take over. Here again, the daughter has equal rights over father’s property as that of the son.
Can an illegitimate child get father’s property?
While an illegitimate child cannot claim partition in ancestral property, he/she has the right to claim his/her shares being a coparcener, only after father’s death. However, the scenario is just the same as a legitimate son and daughter in case of self-acquired property of the father. If a father wants, he may transfer or gift the property, or write a Will to transfer all his property in favour of an illegitimate child. If the father dies without writing a Will (dies intestate), an illegitimate son or daughter has the same rights over father’s property as a legitimate child has.
Conclusion
As discussed above in detail, when we talk about who has the right over father’s property, it is all his children when the claim is over ancestral property. For all the self-acquired property, it is the father’s own wish how he wants his property to be disposed of. In fact, a father can give away all his property in donation to the government or some other cause as well, and children cannot stop him from doing that. We can say that the father is the king when it comes to his self-acquired property, and children who have good relations with their parents are the ones who are benefited in such cases.
