Can a father deny property to his children?

Laws of inheritance in India are highly complex and often lead to confusion due to lack of clarity and varying interpretations. However, children are among the legal heirs of their father’s properties and enjoy a right in their father’s property. But what if a father does not want to pass on his assets to his children? What if he, due to some bitter personal experiences, plans to give away all his property to someone else in the family? What if he plans to leave his property for a stranger through a Will? Is doing so possible? The answer depends on the type of property.

 

Self-acquired property

A person is the absolute owner of a property registered under his name in official records, purchased using his personal savings. Under the laws of succession in India, a father is free to gift this property to anyone he likes. He is also free to write a ‘Will’ and leave his self-acquired property for anyone. If there is documentary clarity about the ownership of the self-acquired property, the law can’t stop a father from giving away his self-acquired property to anyone.

However, for a property to be divided in the manner the owners want, they will either have to gift it in their lifetime or leave a ‘Will’ for it to be divided according to their desire after their demise.

 

Co-owned property

If a father and his children buy a property jointly, the former will not be able to give away the entire property to anyone. In such cases, the court will first determine the share of each part and then divide the property between the two co-owners, depending on their individual share.

 

Ancestral property

Unlike a self-acquired property, ancestral property of a Hindu is divided based on the Hindu Succession Act (HAS) in India. This means that despite having a share, a father will not enjoy an absolute right on his ancestral property. He is also not able to gift an ancestral property or write a ‘Will’, giving this property to someone who does not enjoy a legal right.

Class-I heirs are the first contenders when a person dies, and his estate is distributed among his heirs following the applicable law of succession. Class-I heirs of the deceased include his widow, children, and mother.

 

List of Class-I heirs under HSA

1. Son
2. Daughter
3. Widow
4. Mother
5. Son of a pre-deceased son
6. Daughter of a pre-deceased son
7. Son of a pre-deceased daughter
8. Daughter of a pre-deceased daughter
9. Widow of a pre-deceased son
10. Son of a pre-deceased son of a pre-deceased son
11. Daughter of a pre-deceased son of a pre-deceased son
12. Widow of a pre-deceased son of a pre-deceased son
13. Son of a pre-deceased daughter of a pre-deceased daughter
14. Daughter of a pre-deceased daughter of a pre-deceased daughter
15. Daughter of a pre-deceased son of a pre-deceased daughter
16. Daughter of a pre-deceased daughter of a pre-deceased son

 

 List of Class-II heirs under HAS

Under the Hindu Succession Act 1956, legal heirs are categorised into two classes — Class-I and Class-II. In case an estate holder dies without leaving a ‘Will’, Class-I heirs will have the first right on the wealth. Class-II heirs can claim their rights only if there are no Class-I heirs.

1. Father
2. Son’s daughter’s son
3. Son’s daughter’s daughter
4. Brother
5. Sister
6. Daughter’s son’s son
7. Daughter’s son’s daughter
8. Daughter’s daughter’s son
9. Daughter’s daughter’s daughter
10. Brother’s son
11. Sister’s son
12. Brother’s daughter
13. Sister’s daughter.
14. Father’s father
15. Father’s mother
16. Father’s widow
17. Brother’s widow
18. Father’s brother
19. Father’s sister
20. Mother’s father
21. Mother’s mother
22. Mother’s brother
23. Mother’s sister

 

FAQs

What is a self-acquired property?

The following properties fall into the category of an owner’s self-acquired properties: Property bought with his own money Property received as a gift from non-relatives Property received from the government as a grant Property received after the division of joint ancestral properties

What is an ancestral property?

An ancestral property belongs to your forefathers. It is passed on through generations. An ancestral property is inherited for up to three generations of a Hindu family.

Can a self-acquired property be gifted?

Yes, the owner is free to gift a self-acquired property as he enjoys the sole ownership over his property.

Can a father sell his self-acquired property?

Yes, a father can sell his self-acquired property.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com