3 Answers
Dear Client,
Based on your legal query, I suggest you my legal opinion. Your son cannot directly claim your property, as you have inherited from your father after he passed away and it becomes a self acquired property, so it cannot be directly transferred to your son till your alive.
The self acquired property can only be transferred after your death, by way of Will being transferred to your son's name or when there is no will the property is distributed among Class-I heirs which includes your son. So, therefore after your death your son can have legal claim over your property.
Hope this answer helps!
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OLQ LAW FIRM
Dear client,
No, your son cannot claim any right or share in this property during your lifetime. Because you inherited your father's property as his sole legal heir, it becomes your separate and absolute property. Your son has no right by birth over it while you are alive. Under Indian succession law, property inherited from a father by a Class I legal heir is treated as self-acquired/separate property, not ancestral property. As the absolute owner, you hold total authority to hold, sell, lease, or gift the property to anyone you choose without requiring your son's consent.
Your son will inherit this property only after your death, provided you pass away without leaving a Will. You also maintain full legal right to execute a Will directing how the property should be disposed of or distributed after your lifetime.
I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.
Dear Client,
This question depends entirely on the character of the property and the way in which the property has been passed down to you. In case your father had a complete ownership of the property and after his death, you received the property through succession under the provisions of the Hindu Succession Act, 1956, then, as per the decision of the Supreme Court of India, the property will be yours individually.
The Supreme Court has held that any property which has been inherited by the child of any Hindu through the provisions of Section 8 of the Hindu Succession Act cannot automatically become a coparcenary property of the child in relation to their own children. Therefore, simply having a son does not make him a coparcener of your property at once.
However, the situation may well be otherwise if the property was really coparcenary/HUF property rather than personal property of your father. Accordingly, it is necessary to first find out the precise nature of the property as well as how your father owned it, before coming to any conclusion thereon.
In case the property is your personal property, you would normally be entitled to do whatever you please about the property during your lifetime, including transferring or disposing of it in accordance with law. In case of your death, succession to the property would then take place as per any testamentary disposition and, failing such disposition, the relevant laws of Hindu succession.
Therefore, based on the above facts stated, your son does not have any right or share in the property merely because he is your son. His succession would occur only after your death, in accordance with the relevant law.
I hope this answer helps. If you have any further queries, kindly do not hesitate to contact us. Thank you.