Discussing parents’ rights over a child’s property is not common as the emphasis is usually on children’s rights on their parents’ property. Nevertheless, it is crucial to comprehend parents’ rights concerning a child’s property. From legal guardianship to managing inheritance, delving into these rights reveals the responsibilities, complexities, and the changing role of parents in protecting their children’s assets. Here is what India’s legal system stipulates about this matter.
Parents’ rights on child’s property
Parents act as legal guardians and are responsible for managing a child’s property until they reach the age of maturity, typically 18 years. During this time, parents must ensure the property’s protection, use it for the child’s benefit, and manage it appropriately. Upon reaching adulthood, the child inherits complete rights and ownership of the property and the parent’s role shifts from guardianship to providing advice on property matters.
While parents do not have absolute authority over their children’s property, certain circumstances allow them to take control. In the unfortunate event of a child’s early death without a will, parents can gain control over the property, though this control is not absolute. The 2005 amendment to the Hindu Succession Act grants females equal rights in their parent’s property, ensuring that parents share equal rights in their daughter’s property.
The Hindu Succession Act, Section 8, delineates the rights of parents over a child’s property. According to this law, the mother holds the primary position as the first heir, followed by the father as the second heir to the children’s property. In cases where there is no first heir available, the father becomes the heir and assumes control over the property. It is important to note that there may be multiple second heirs. In such instances, they share an equal portion of the property.
Role of gender in parents’ rights on child’s property
The gender of the child plays a significant role in determining parents’ rights over the property, as outlined by the Hindu Succession Act. In the case of a deceased man, his property is inherited by his class one heir, starting with his mother and then the second heir. If the mother is not alive, the property passes to the father and the co-heirs. For a deceased Hindu married man who dies intestate (without a will), his wife obtains property rights and shares them equally with other legal heirs.
In the event of a woman’s death, her property follows a specific order of inheritance. First, it goes to her children and husband. If the woman has no surviving children or husband, the property passes to her husband’s heirs. If there are no surviving heirs, the property goes to her parents. This gender-specific framework within the Hindu Succession Act ensures a systematic and lawful distribution of a deceased individual’s property based on gender and familial relationships.
Role of faith in parents’ rights on child’s property
The parents’ right over a child’s property is influenced by the religious faith of the deceased child, leading to diverse legal considerations across different religious communities. For instance:
- Parsi Faith: If the deceased is of Parsi faith and dies without a will, the parents are legally entitled to a share of the property. This share is equivalent to the shares of the deceased’s children.
- Christian Faith: As per the Indian Succession Act, in the case of a Christian individual who dies intestate without lineal descendants (children or grandchildren), the property distribution includes shares for the widow/widower and the parents. If a widow or widower is alive, they receive a share, and in the absence of the father, the deceased mother and siblings share the property equally.
- Muslim Faith: According to Muslim law, both parents are considered first-class heirs and are entitled to a fixed share of the deceased child’s property. Parents who are unable to support themselves have the right to claim maintenance from their children, as outlined in Section 125 of the Code of Criminal Procedure 1973. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides for senior citizen parents to claim maintenance if they cannot independently support themselves.
These legal provisions ensure that the rights of parents over a deceased child’s property are determined by general legal principles and the specific religious faith of the individual.
Rights of wife’s parents on property co-owned by the spouse
In cases where a wife is a co-owner of the property and passes away without leaving a will, the rights of her parents to share her property are subject to certain legal considerations.
Self-acquired property
If the property is self-acquired by the wife, her parents may claim a share in the property after her demise. Section 15 of the Hindu Succession Act provides a legal basis for the parents of the deceased daughter to assert their rights to her property.
Inherited property
If the wife inherits the property from her husband or father-in-law, the determination of rights will follow the personal laws applicable in that specific situation. The intention is to consider the source of the property – whether it is self-acquired or inherited – to guide the legal decision-making process.
Husband’s intestacy or will
If the husband dies without a will, intestacy rules apply and the property is distributed accordingly. In the presence of a valid will, the property is transferred as per the will. The husband, through a valid will, can influence property rights, including disinheriting the wife’s parents if such intentions are explicitly stated.
No children scenario
If the wife passes away without leaving any children, the property may go to the husband’s heirs according to the applicable legal provisions.
The legal framework prevents the wife’s parents from claiming rights to her property, especially if it is inherited from her husband or father-in-law. The final decision is influenced by the wife’s personal laws and the nature of the property – whether it is self-acquired or inherited.
Can a child disinherit parents from a property?
A child can disinherit parents from property under specific conditions. For this to happen, the child must be of legal age and mentally sound. The decision to disinherit parents involves voluntarily giving up property rights, which must be a conscious and voluntary choice. In Muslim law, there is a limitation on bequeathing more than one-third of the property without the consent of other legal heirs. The process may involve legal documentation and adherence to specific procedures as per local legal frameworks. It is crucial to consider the emotional and familial implications of such decisions, as well as cultural and religious considerations that may impact the validity and acceptance of disinheritance actions.
FAQs
Do parents have rights on a child’s property?
Yes, parents can seek the property rights of their deceased children, especially when the child dies without leaving a will.
Can parents manage their child’s property?
Yes, parents typically manage a child’s property until the child reaches maturity at 18, ensuring its appropriate use for the child’s benefit.
Do children have rights to their parent’s property?
Yes, according to the Indian Succession Act of 1956 (amended in 2005), both sons and daughters enjoy equal rights to their parent’s property.
Can parents make decisions about their child’s property after they come of age?
After reaching adulthood, the child gains full rights over their property. However, parents can provide advice or guidance on property matters.
What is personal law?
Personal law refers to a set of rules applicable to a specific group of individuals based on their faith, religion and culture.
| 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 |
