Can An Indian Son Claim Ancestral Property If His Father Is Alive?

Can father deny ancestral property to son?

The common ancestor should be a direct male lineal ancestor.

If a son is able to prove that his funds or resources were used by his father to build his (the father’s) self-acquired property, the father cannot deny the son his share..

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

Can son Sell father’s property after death?

Under the Hindu Succession Act, be it a daughter or a son, a right in the father’s ancestral property accrues by birth itself. Thus, as per the law, a father cannot Will such property to anyone he wishes to, or deprive a daughter or a son of their share in it.

Can a father give his property to one son?

Father has every right to give his property as he likes. In your case father can give his to one son by ignoring other son or daughter. The transfer may be through sale Deed, gift Deed or will.

How do I transfer my house from father to son?

Your father can transfer the property either by making a registered family arrangement to both of you as per desire. By this she cannot raise any dispute at any stage. Alternately he can transfer the property by executing a registered gift deed to both of you again as per his desire.

Can a son claim his share in self acquired property of his father in India?

A son has no legal right in the self-acquired property of his parents, unless he has proof of contribution towards the acquisition of the property. He may be allowed to use the property on permission from his parents, but they are not obligated to allow him to live there.

Does son have right on father’s property in India?

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property.

How ancestral property is divided?

Under the Hindu law, property is divided into two types: ancestral and self-acquired. Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. … By birth, a daughter has a share in the ancestral property.

Do daughters inherit their father’s property?

The Supreme Court ruled that daughters will have equal rights to their father’s properties that come under the Hindu Undivided Family.