Contrary to popular belief, the Supreme Court has clarified in an important decision that the son does not have the right on every type of property of the father. Many people believe that the son has a natural right on the property of the father, but the Supreme Court has rejected this notion. The court has said in its decision that the son has no legal right on the self-earned property of the father and he is not authorized to make any kind of claim on this property. This decision is being considered very important in the context of property disputes in Indian families.
Father’s full right on self-earned property
The Supreme Court has clarified in its decision that the father can take independent decisions regarding his self-earned property. Self-earned property is the property that a person has bought or obtained with his hard work and income. The father has full rights on this type of property and he can give it to anyone or use it as per his wish. This decision of the Supreme Court is in line with the Mitakshara law, which also has the same provision that the owner has full rights over the self-acquired property.
Confirmation of the High Court’s decision
Recently, the High Court had also given the same decision in a case that the son does not have any right over the self-acquired property of the father. The High Court had said that the son, whether married or unmarried, cannot claim to live in the self-acquired house of the father. The Supreme Court has agreed with this decision of the High Court and said that the father can take independent decisions regarding his self-acquired property. This decision is being considered an important milestone in the Indian judicial system regarding property rights.
Mitakshara method holds an important place under the Hindu Succession Law in India. According to the Mitakshara law, the father has complete freedom regarding his self-acquired property. He can use his self-acquired property as per his wish and can give it to anyone. The son or daughter cannot claim any right over this property. In its decision, the Supreme Court has based its decision on this provision of the Mitakshara law and said that the father’s will is paramount on self-acquired property.
Equal rights and exceptions of son and daughter
Although Indian law recognizes equal rights of son and daughter on father’s property, this rule does not apply to self-acquired property. The Supreme Court has clarified that in the case of self-acquired property, the father’s will is paramount. The son or daughter does not get any natural right over this property. This exception is important and it is necessary to keep it in mind at the time of property disputes. However, the situation is different in the case of ancestral property, in which the son gets the right as soon as he is born.
Difference between ancestral property and self-acquired property
According to the law, there are mainly two types of property – self-acquired property and ancestral property. It is very important to understand the difference between these two types of properties. Self-acquired property is that which a person has earned through his hard work and earnings. This type of property is the right of only the person who has acquired it. At the same time, ancestral property is that which is the joint property of the family and is passed on for generations. Usually the property passed on for four generations is called ancestral property.
Son’s right on ancestral property
While the son has no right on self-acquired property, the son’s right in ancestral property is established from birth. The son has equal rights as the father on ancestral property and any decisions regarding this property are taken with the consent of the heirs. This is an important difference that should be kept in mind at the time of property disputes. Ancestral property is the joint property of the family and its entitled people are called heirs. It is only after the division of this type of property that it gets converted into self-acquired property.
Who are the heirs?
The heirs are the persons who are the legal heirs of the ancestral property. According to the Hindu Succession Law, the father, son, daughter, wife and mother are all considered heirs in ancestral property. No decision can be taken regarding ancestral property without the consent of the co-heirs. This is an important provision that protects the interests of all the family members regarding ancestral property. In contrast, in the case of self-acquired property, the decision is personal and depends only on the wishes of the owner.
Son’s claim on self-acquired property
According to the Supreme Court’s decision, the son cannot make any kind of claim on the self-acquired property of the father. The father has complete freedom to decide whom to give his self-acquired property and whom not. The son has no legal right to get rights in this property. This decision makes it clear that in the case of self-acquired property, the wish of the owner is paramount and the decision taken by him gets legal recognition. This decision plays an important role at the time of property disputes.
Legal status in property disputes
Property disputes are common in India and in many families, relationships get spoiled due to these disputes. This decision of the Supreme Court is a major reason at the time of property disputes.It plays an important guiding role. If there is a dispute in a family regarding self-acquired property, then the wish of the father or the owner will be considered paramount. At the same time, in the case of ancestral property, the consent of all the co-heirs will be necessary. Thus, the law makes different provisions for both types of property and the courts give verdicts on the basis of these provisions.
This important decision of the Supreme Court makes it clear that there are special provisions regarding property rights in Indian law. A son has no natural right over the self-acquired property of the father, whereas the son’s right in ancestral property is established from birth. It is very important to understand this difference as it plays an important role at the time of property disputes in the family. Family members should be aware of these legal provisions so that unnecessary disputes can be avoided and peace and harmony can be maintained in the family.
Disclaimer
The information given in this article is for general awareness only and is not legal advice. Please contact a qualified legal expert for any dispute or question related to property rights. Laws and judicial interpretations may change over time, so always consult authoritative sources for up-to-date information. Each case may be different based on its specific circumstances and courts may decide accordingly.
