Not every asset owned by a father is considered ancestral property. It’s important to understand the distinction between self-acquired and ancestral property

Accurate documentation of the source of properties is essential to avoid disputes among family members.

Legal Rights on Self-Acquired Property

There is a general misconception that all properties held in a father's name are ancestral assets to which children have an automatic right. However, recent court rulings have repeatedly clarified that this is not always the case. According to the law, children do not have a birthright to the self-acquired property of their father.

Self-acquired property refers to assets that an individual has purchased using their own income or obtained through sources other than ancestral inheritance.

Key Points:

• Absolute Authority: A father has full authority to decide who should receive such property.
• Transfer of Rights: He can choose to sell it, give it as a Gift, or transfer it to someone else via a Will, effectively excluding his children if he wishes.
• Court Standpoint: Courts have consistently reinforced that a son or daughter cannot legally claim a right to property that the father earned or acquired on his own.

Family Property or Ancestral Property

A son or daughter acquires a right to property by birth only if it is ancestral property derived from ancestral sources. If ancestral land is partitioned and received, it becomes 'Coparcenary' (joint ownership) property, where the father and son have equal rights from the moment the son is born.

However, any self-acquired property obtained by the father after the commencement of the Hindu Succession Act of 1956 will be received by the son in an individual capacity (not as joint ancestral property).

A son who claimed rights over his father's 46 cents of land recently faced a setback in a case considered by the Kerala High Court. The court upheld the gift deed given by the father to his wife, as it was proven that the property was self-acquired by the father and not ancestral property.

To avoid disputes: Legal experts point out that clearly documenting the source of assets is essential to avoid conflicts among family members. Properly registering wills or gift deeds will help reduce legal battles in the future.