23/11/2025
Translated version of my article in Hindi published in news paper
Son’s Right over Father’s Property – An Analysis
Dr. Paras Kochar, Advocate
In our Hindu society, it is commonly believed that only sons have rights over the father’s property. However, most people fail to understand that other relatives also have a share, not just the son. Sons, too, are of various categories: Natural son – a son born from a lawful marriage.Adopted son – a son legally adopted and treated as one’s own. Step-son – a son of the second wife from her previous husband. Illegitimate son – a son born outside marriage.
A natural son should not assume that he alone is the heir to his father’s property. An adopted son is treated at par with a natural-born son .A step-son has no right over the paternal property. An illegitimate son does have a right over the father’s self-acquired property.
RIGHT OF A SON IN HIS DECEASED FATHER’S PROPERTY
The right of a son in his deceased father’s property depends on whether the property is: 1.Self-acquired property, or 2. Ancestral property.
If the father himself was a coparcener in his own father’s Hindu Undivided Family (HUF), then after the father’s death, the son would also inherit a share in that HUF property.
1. Self-Acquired Property
If the property has been purchased by the father through his own efforts, business, or income, it is treated as self-acquired property.
In such property , the father has absolute rights during his lifetime. He may sell, gift, or transfer it to anyone — even excluding the son.
After the father’s death, if he has not left a Will, the property is distributed equally among the Class I heirs under the Hindu Succession Act, 1956 .Class I heirs includeWife ,Son,Daughter,Mother All receive equal shares.
2. Ancestral Property
Property that has passed down through four generations — father, grandfather, great-grandfather, and great-great-grandfather — is termed ancestral property. In such property the son gets a right by birth and Sons, daughters, and the wife all become equal stakeholders.
Illustration (HUF Example)
Consider an HUF consisting of Grandfather,Father,Son .If the father dies, the father’s share in the HUF property gets divided equally among the wife, son, and daughter. As a result, the son’s overall share increases proportionately, since he inherits a portion of the father’s share.
