Let us find out whether Rajesh is eligible for a share in his father’s property under the Hindu Succession Act, 1956.
his share in his father’s self acquired property
The Hindu Succession Act, 1956, states that any property which is acquired by a person himself, either through his own resources or through partition ancestral The property is his self acquired property. Similarly, property acquired by virtue of being a legal heir through a gift deed or ‘will’ etc. also comes under the category of self acquired property. Property inherited from deceased brother, uncle etc. is also self-acquired property.
“A legal heir has no right in the self-acquired property of his parents, unless the contesting legal heir can prove that he has contributed to the acquisition of the property and is a co-owner of property. The owner of a self-acquired property may deal and dispose of the self-acquired property in any manner prescribed under the Transfer of Property Act, 1882, or may by way of a will give the self-acquired property to anyone. Sudip Malik, Partner, & Co. says. This means that Rajesh cannot claim in his father’s self-acquired property, if Son Inherited by the father and may have to leave the house if his parents do not want to live with him in their self-acquired property.
But, if Rajesh’s father dies, i.e. without a will, his father’s self-acquired property will be transferred among the legal heirs, even if they have a bad relationship with him.
their share in the ancestral property
The Act further states that any property inherited by the male lineage up to four generations, which means father, grandfather, great-grandfather and great-grandfather, is called ancestral property. It should have remained undivided till the fourth generation, only then it qualifies as ancestral property. Therefore, a property can be said to be ancestral only if the present holder has inherited it by virtue of being a son or descendant of its original owner.
“While under Hindu law, the head of a Hindu Undivided Family (HUF) has the power to manage the property of the family, the ancestral property cannot be sold at the sole decision of one or part of the owners. Each to sell Consent of the stakeholder is required. Undivided ancestral property, all coparceners including daughters, can seek division and sale of ancestral property,” says Nitin Bhatia, a real estate expert. He says that if a stakeholder is deprived of his share in the property or if a member decides to sell the property without consulting other stakeholders, a legal notice shall be sent to the infringing party seeking rights. can go.
Unlike other forms of succession, where the inheritance opens only on the death of the owner, any right to share in such property is acquired by birth. This means that Rajesh becomes interested in the equal and independent ancestral property of his father right from his birth. But there is one condition: Rajesh can claim this right only if his grandfather’s property is inherited by his father and he has ancestral property in his hands.
Even though Rajesh’s father Chaudhary Lal decides to renounce his son, he cannot exclude him from inheriting the family’s ancestral property.
“To ascertain whether the property is ancestral or not, the mode of transfer is equally important, with a shared relationship between the holders of the property,” says Malik. For example, Rajesh cannot have any claim on his grandfather’s self-acquired property, if his grandfather had given the property to his son (Chowdhary Lal) through a gift deed. Reason: Choudhary Lal did not get the property being a son, but the father wanted to give him a gift which he could also give to any other person.
Therefore, we can conclude that Rajesh may be deprived of his father’s self-acquired property, but he will have equal rights in his family’s ancestral or coparcenary property of the Hindu Undivided Family.