Share in father's self acquired property
PAVAN KUMAR AKA
(Querist) 19 October 2011
This query is : Resolved
I heard that the son/daughter will have a right in the self acquired property of the father. To my knowledge they will not have any right in the self acquired property of the father. But, whether the statement I heard is true? if Yes supporting citation and if not please reiterate the ruling. Please
Devajyoti Barman
(Expert) 19 October 2011
On the death of the father intestate the legal heirs of the said person do have a share , be it ancestral or self acquired.
But in his self acquired properties the right of inheritance does not accrue on the basis of birth alone.
However in Bengal and Assam the legal heirs have no right of share in the self acquired or ancestral properties of the father by reason of birth.
M V Gupta
(Expert) 20 October 2011
Father has absolute rights to deal with the self acquired property during his life time and can also will the devolution of the same in whatever manner he desires. Children would get rights only in the event of his dying intestate.
Rupam Ghosh
(Expert) 20 October 2011
look during his lifetime he can do with his property anything he wants but however his family would have objections of distribution in that manner however after his death his property shall devolve upon all his legal heirs in equal preposition if no will and if there is will then as per the will. again there are exceptions and rules for devolution for that you need to open the text book.
prabhakar singh
(Expert) 20 October 2011
You heard it wrong.A father is absolute owner of the property made by him and also of property inherited by him which was made by his father.Of these two properties he is master to enjoy and can transfer them by gift
sale or Will as he pleases without any interference of his sons or daughters.
It is his grand fathers property which when comes in his hand from his father by inheritance ,then it becomes ancestral wherein his sons as well as his daughters become copareceners by birth and have equal sharing rights with him provided they belong to mitakshra school of succession and not to dayabhaga school.
PAVAN KUMAR AKA
(Querist) 20 October 2011
Thank you to my seniors who shared your opinions.
Prasan
(Expert) 21 October 2011
I agree with Prabhakar singh ji
