Property Rules: The biggest question regarding property is whether a father can transfer his entire estate to a single child. In such cases, the law applies depending on the type of property.
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Property Rules: Disputes over property within families are not new. Whether in villages or cities, the question often arises as to whether a father can transfer all his land or property to just one son and evict the other children. Many people assume that the owner has the final say. However, the legal picture is slightly different. The real difference depends on the type of property:
Whether it was purchased with personal income or is ancestral. Rights are determined differently in both situations. Therefore, can someone’s rights be taken away based on emotions or family resentment? Let us explain what the law says about this.
Who has what right to ancestral property?
Ancestral property is one that has been passed down through generations. Both sons and daughters are considered sharers by birth. Here, the father is not the sole owner of the entire land. The Supreme Court has clearly stated that the father is not the absolute owner of ancestral property. This means that he cannot willfully transfer the entire land to any one child.
Suppose there is a father and three children in a family. In this case, the property will be divided into four parts. The father can only decide on his own share, i.e., one-fourth. He has no control over the remaining children’s shares. Even if he bequeaths the entire land to one child, the remaining children can go to court and claim their share.
What are the rules regarding self-acquired property?
Now let’s talk about self-acquired property. This is property purchased by the father with his own earnings. This type of property gives the owner more freedom. If he wishes, he can make a will in the name of one of his sons, daughters, or even an outsider. The other children have no legal claim by birth. However, if a will is not made in the case of self-acquired property and the father passes away, then the inheritance will be divided equally among all legal heirs. Simply put, everyone’s rights are protected in ancestral property. However, in self-acquired property, the owner’s will prevails. Therefore, if the property is self-acquired, the father can evict anyone from the property and transfer it to anyone’s name.
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