Inheritance of Property in India

Inheritance of Property in India

Son’s and daughter’s right in father’s property

Sons and daughters have several rights as a coparcener. For Example, they get a privilege in ancestral property by conception; right to survivor ship: if one coparcener dies the property gets partitioned among the rest. They are in joint possession and ownership of property and if they want partition, they can assert so by filing a partition suit.

Inheritance of Property in India

Coparcenercan likewise obtain a different property and in the meantime has right to distance the property to any more unusual his offer in hereditary property and self-acquired property. Father can also gift property to his son and it won’t be treated as ancestral property which the son can then alienate to anyone he wants.

Can a father gift a property to his son?

In C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar the Supreme Court held that property gifted by a father to his son could not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father. The court observed that the property of the grandfather can normally vest in the father as ancestral property.

The father gets ancestral property under two conditions i.e. inherits such property on the death of the grandfather or receives it by partition made by the grandfather himself during his lifetime. However, when the father obtains the grandfather’s property by way of gift, it is not considered an ancestral property.

Sons and daughters don’t have any claim on property gifted by grandfather

A gift from father to his son is not part of ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legitimate right on such property on the grounds that his grandfather presented some help on his dad which he could have gave on some other individual too.

Hence, the interest which he takes in such property must rely on the will of the grantor and thusly, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is dealt with as self-procured property, gave there is no communicated expectation in the deed of the blessing by the granddad while gifting the property to his son.

Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.

Related Links:
Land acquisition in India
Transfer of Property Act 1882


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