A Son’s Right To Inheritance Of Property

Coverage of this Article

KEY TAKEAWAYS

-The properties of a Hindu male who dies intestate belongs to his sons, daughters, widow, and mother in equal shares, as well as the stated heirs of predeceased sons or daughters.

OVERVIEW

-The term "inheritance" is used with succession. When a person dies, his or her property, title, and debts are transferred to his or her heirs. The Hindu Succession Act of 1956 was adopted by the parliament to settle disputes over the succession and inheritance of property after a Hindu's death. The general rule is that when a person dies, every Indian is entitled to an equal share of the property he or she inherits.

Rights of Inheritance of adopted child

-Adopted children are also Class-I heirs, with all of the same rights as biological children. An adopted child, on the other hand, cannot claim his adoptive father's property if his father was prohibited from inheriting any property as a result of a crime he may have committed. Even if the father converted to a different religion and the adopted child practices the same faith, the adopted child will not be able to inherit the ancestral property.

Rights of Inheritance of half-blood child

-Half-blood children are born when the father has a child with another partner and the wife has a child with another partner. In other words, when there is only one common parent (as in remarriage or divorce), the child who is closest to the parent from whom he or she is inheriting will be chosen.

Rights of Inheritance of live-in couple’s children

-The Supreme Court declared in Vidyadhari v/s Sukhrana Bai that couples who have been in a live-in relationship would be considered married. 

Rights of Inheritance of child of an unwed mother

-In the event of a custody battle between both (unwed) parents, there is no clear law about how an unmarried couple with child(ren) should be treated. 

Inheritance Rights of son in Dayabhaga

-The son does not acquire any property in the ancestral property by birth, according to the Dayabhaga law of inheritance. When his father dies, he inherits his father's property. Because the son has no stake in the ancestral property until his father dies, he would be unable to file a partition claim. As a result, no coparcenary could exist between a parent and his son.

Can Son Be Disowned

-Yes, if the parents' property is self-acquired then the son has no legal claim to it. Nonetheless, it is important to highlight that if the parents die intestate, the son will inherit the property according to the law, regardless of how strained his relationship with his parents was.

Types of Property

-Self-Acquired Property- Self-acquired property is a type of property that has been acquired by the owner. It is any property that is achieved or earned solely by oneself.

Procedure to get Legal Heir Certificate

-First Step: Submit an application for a Legal Heir Certificate to the District Tehsildar Officer through the District Court with jurisdiction in the region.

CONCLUSION

-According to a broad outline of Indian succession laws, all children are entitled to get their share of their father or forefather's ancestral property, but they are not entitled to get their share of their father's self-acquired property unless the father expressly specifies otherwise. Children of divorced parents, children born out of wedlock with a live-in partner, an illegitimate child, or even a daughter are all eligible.

KEY TAKEAWAYS

• The properties of a Hindu male who dies intestate belongs to his sons, daughters, widow, and mother in equal shares, as well as the stated heirs of predeceased sons or daughters.
• A son has a title to his father's and grandfather's property by birth under Indian succession laws.An illegitimate son, on the other hand, has no claim to his father's possessions.
• Adopted children are also Class-I heirs, with all of the same rights as biological children.
• If the parents' property is self-acquired, then the son has no legal claim to it.
• In Satchidananda Samanta vs Ranjan Kumar Basu & Ors, it was held that in the Dayabhaga law, the father is the absolute owner of all properties

OVERVIEW

The term "inheritance" is used with succession. When a person dies, his or her property, title, and debts are transferred to his or her heirs. The Hindu Succession Act of 1956 was adopted by the parliament to settle disputes over the succession and inheritance of property after a Hindu's death. The general rule is that when a person dies, every Indian is entitled to an equal share of the property he or she inherits.

The properties of a Hindu male who dies intestate belongs to his sons, daughters, widow, and mother in equal shares, as well as the stated heirs of predeceased sons or daughters.

There are two methods to inherit one's property:

• Testamentary Succession- The testator is the person who makes the will, and the legatee is the person in whose benefit the will is formed.
• Intestate Succession- If a person dies without leaving a will, his estate is divided among his heirs according to the laws of intestate succession.

Heir- A person who is supposed to inherit the estate of an ancestor who died without leaving a will. It is important to identify a legal heir because they are the ultimate successors.

A son has a title to his father's and grandfather's property by birth under Indian succession laws. In his grandfather's ancestral property, the son enjoys the same rights as his father. Furthermore, if the father owns a self-acquired or separate property and dies intestate, the son who is a Class I heir will have the same succession rights as his live mother, sister, grandmother, and brother. An illegitimate son, on the other hand, has no claim to his father's possessions. Furthermore, even if his father died intestate, a child who is still in the mother's womb has a title to his father's property.

Rights of Inheritance of adopted child

Adopted children are also Class-I heirs, with all of the same rights as biological children. An adopted child, on the other hand, cannot claim his adoptive father's property if his father was prohibited from inheriting any property as a result of a crime he may have committed. Even if the father converted to a different religion and the adopted child practices the same faith, the adopted child will not be able to inherit the ancestral property.

Rights of Inheritance of half-blood child

Half-blood children are born when the father has a child with another partner and the wife has a child with another partner. In other words, when there is only one common parent (as in remarriage or divorce), the child who is closest to the parent from whom he or she is inheriting will be chosen.

For eg:A marries B,A's first wife gave birth to C, who is A's son.D is B's son from D's first marriage.If A's property were to be divided, C would be given priority.

Rights of Inheritance of live-in couple’s children

The Supreme Court declared in Vidyadhari v/s Sukhrana Bai that couples who have been in a live-in relationship would be considered married. While no Indian religion recognizes live-in partnerships as legal, the law does provide some protection. Women in live-in relationships are entitled to legal rights and maintenance under Section 125 CrPC. According to Section 16 of the Hindu Marriage Act, children born in live-in relationships are also entitled to their parents' self-acquired property. Children can claim for maintenance.

Rights of Inheritance of child of an unwed mother

In the event of a custody battle between both (unwed) parents, there is no clear law about how an unmarried couple with child(ren) should be treated. If both parents are members of the same religion, their personal laws are investigated. If they do not share the same religious beliefs, the minor child's opinion is taken, and the child is counselled and examined for any psychological effects. A mother is the natural guardian of a child until he or she reaches the age of five, according to Hindu personal law. Following then, the father assumes the role of natural guardian. When the father passes away, the mother takes over as guardian.

Inheritance Rights of son in Dayabhaga

The son does not acquire any property in the ancestral property by birth, according to the Dayabhaga law of inheritance. When his father dies, he inherits his father's property. Because the son has no stake in the ancestral property until his father dies, he would be unable to file a partition claim. As a result, no coparcenary could exist between a parent and his son.

In Satchidananda Samanta vs Ranjan Kumar Basu & Ors, it was held that in the Dayabhaga law, the father is the absolute owner of all properties. No question of partition arises during his lifetime. There is no concept of joint family property between the father and the son in the Dayabhaga because the father is the owner of all wealth as long as he is alive.

Can Son Be Disowned

Yes, if the parents' property is self-acquired then the son has no legal claim to it. Nonetheless, it is important to highlight that if the parents die intestate, the son will inherit the property according to the law, regardless of how strained his relationship with his parents was.

Types of Property

1. Self-Acquired Property- Self-acquired property is a type of property that has been acquired by the owner. It is any property that is achieved or earned solely by oneself.

2. Ancestral Property- The ancestral or joint family property is any property acquired by someone's father, grandfather, and so on, and which is meant to be passed down to the following generation if the bloodline is the same.

3. Separate Property- Any property obtained as a gift or by the will of a person who is not connected to the person who is acquiring the property. This characteristic, however, cannot be considered ancestral.

Procedure to get Legal Heir Certificate

First Step: Submit an application for a Legal Heir Certificate to the District Tehsildar Officer through the District Court with jurisdiction in the region.

Second Step: The District Authority issues a certificate of legal heirship to the concerned person based on the report of the Village Administrative Officer as well as the Revenue Inspector of the District and after the obligatory inquiry. The certificate lists the names of all the deceased person's legitimate heirs.

The documents required to get a legal heir certificate are:
• Name of the deceased person
• Names and the relationship of family members with the deceased
• Signatures of the Applicant
• Residential Address of the Applicant

CONCLUSION

According to a broad outline of Indian succession laws, all children are entitled to get their share of their father or forefather's ancestral property, but they are not entitled to get their share of their father's self-acquired property unless the father expressly specifies otherwise. Children of divorced parents, children born out of wedlock with a live-in partner, an illegitimate child, or even a daughter are all eligible.