1 minor child
according to indian succession Act, 1956, and the Indian Succession (Amendment) Act, 2005, children, whether boys or girls, have rights over the father’s ancestral property by birth. In case of self-acquired property of the parents, they can give it to anyone through a written will. However, if they die with or without a will, Class I heirs have the first right to their property. On the other hand, if the children are minors, they are the owners of the property but cannot legally manage it. So a legal guardian, or one appointed by the court, has to file a petition in the court to manage the property on behalf of the minor until the child becomes an adult.
Children of 2 divorced parents
If the parents are divorced, the children still have legal rights over the parent’s property. In such cases the common succession laws as per one’s religion apply. Hence the child has a right over the ancestral property, and in the case of self-acquired property, if the father dies, he has the first right over it as he is a Class I heir. Of course, if the property is self-acquired, the father can give it to anyone in his lifetime through written illness.
3. Adopted Children
Adopted children have the same inheritance rights as biological children and are entitled to a share in the property of their adoptive parents. So if the adoptive parent dies intestate, the adopted child can have the same claim for the property as the biological child. However, as per the Hindu Adoption and Maintenance Act, 1956, after adoption, the child loses the right to claim in the property or coparcenary property of his biological parents. But if the biological parents want to leave the property to the child, they can do so.
4. Children of live-in couples
There is no legal status or sanction given to live-in relationships under the Hindu Succession Act, Islamic Law or Christian Personal Law. However, as per a 2008 Supreme Court ruling, a child born to a couple in a live-in relationship will have the same right of inheritance as the legal heir. According to another Supreme Court ruling in 2015, an unmarried couple who have been living together for a long time can be considered married. Therefore, a child born to such a couple shall have the right to self-acquired property of his father under section 16 of the Hindu Marriage Act, 1955.
5. illegitimate children
The rights of succession of illegitimate children are governed by Section 16(3) of the Hindu Marriage Act, 1955, which states that ‘such children are entitled only to the property of their parents and not to any other relation’. This implies that an illegitimate child would have the right only to his father’s self-acquired property and not to his ancestral property. However, as per a Supreme Court ruling in 2011, children born out of wedlock have a right to claim on their father’s self-acquired property as well as ancestral property. Despite this decision, there is confusion regarding the rights of illegitimate children over ancestral property.
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