Can son claim father's property when father is alive?

Property is a matter of stress in many families. It is important to know your rights and claims on the property. A common question that pops up is, ‘can son claim father's property when father is alive?’ I will address this question here in this answer.

When a father has acquired property from his grandfather, his son automatically inherits this property as per the Hindu Succession Law. A son can claim father’s property when father is alive in this case after proving his succession.

When it comes to self acquired property, the law does not give any right to son to acquire father’s property during his lifetime, unless the son can prove his contribution towards the acquisition of property. 

The case may differ for Muslim and Christian families are as per their personal laws. 

So, ‘can son claim father's property when father is alive?’ Yes! But under restricted circumstances.

The right of son on father's property

during the father's lifetime depends on certain circumstances and legal provisions.

The rights of a son on his father's property are determined by the Hindu, Muslim, Christian, or other relevant personal laws.

 Here's a general overview of

does son have right on father's property in India

:

Hindu Law (Hindu Succession Act, 1956):

• The son cannot claim ownership or a share in the father’s property during his lifetime unless the father chooses to gift or transfer the property to the son.

• If the father wants he can transfer ownership of his property through a legally valid gift deed.

• In cases of joint family property, a son can ask for a partition of the property. It can occur during the father's lifetime.

• While a son can not claim his father’s property when his father is alive, he can claim maintenance from his father if he is in need.

 Can son claim father's property when father is alive in Islam

?

•      

  In Islamic law, a son does not have the right to claim his father's property while the father is alive. If the father is of sound mind.

•      

  The father has the right to distribute his wealth among his heirs during his lifetime.

•      

  A father can also gift (hiba) his property to his son during his lifetime

  but Islamic law also emphasizes fairness and justice in wealth distribution among heirs.

This is all about the

right of son on father's property

in Hindu law and Islamic law.

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Things get really complicated during property division, especially between brothers, sons/daughters and their parents or between closed ones. My father is a lawyer, and I am also pursuing an LLB, so I do have a clear insight into this matter. I have heard my father explain can a son claim his share in self-acquired property of his father to a dozen people, so I had to know how the division takes place clearly. The answer is both yes and no. There are several conditions abiding by which only a son can claim his father’s property so let me explain the query can son claim father's ancestral property when father is alive in India in detail here. Also note that this law is not the same for all religions. Let me decipher the conditions for you all.

What are the legal rights of son on father's property in India?

As per the Hindu Succession Act of 1956, a son will have no right to the self-acquired property of his father unless he proves that he has contributed to the acquisition of the property and is a co-owner of the property. But if the father dies without having made a Will, the son can claim his right over the property in question. So in short, a son cannot claim his right over his father’s property when his father is alive. 

In Muslim law as well, property passes on to the legal heirs only after the death of the father. If you want to claim rights over a property, you need to have your father make a Will in your name for the property’s share.

If you have the query- can son claim father's property when mother is alive? Let me tell you that the rules are the same. Only after her death the legal heirs will get share of the property. When the mother is alive, the legal heirs can claim their share only if there is a Will made for them.

I hope this clarifies the query- can a son claim his share in self-acquired property of his father clearly? You should always seek a legal expert’s aid if you have any further questions. 

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As someone who has studied property laws and acts including father property rights to son, I would like to share my thoughts on the question of whether a son can claim his father's property when the father is still alive. Keep reading to know more.

In general, a son has no right to claim his father's property as long as the father is alive and has the capacity to manage his own affairs. The father has the right to decide what he wants to do with his property, including whether or not to pass it down to his children.

However, there are circumstances where a son can claim a portion of his father's property even while the father is alive. One such circumstance is if the father agrees to partition of property when father is alive. This can be done voluntarily by the father and the son, or it can be done through a partition suit.

Partition suit by son during the lifetime of the father:

If a partition suit is filed then the court will consider the rights of both the father and the son. It will make a determination based on the evidence presented.It is important to note that a partition suit can only be filed when the father is alive. Once the father passes away, the son will no longer have the right to file a partition suit.

Lastly, I want to mention that Father property rights to son can differ according to the type of property. Both ancestral property and self-acquired property have different laws regarding transfer of property.

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If the father makes decisions and the division is not fair, it may be problematic for him to get along with his kids. In cases regarding real estate, I will always advise you to get legal assistance and organise all relevant paperwork. Because I have seen so many cases that led to problems in family relations. So you must be aware of whether can son claim father’s property when father is alive in India.

Can a son claim his father’s property when the father is alive?

According to what has been mentioned in the above answers, the son possesses coparcenary rights from birth. Also, he has a chance to claim his inheritance before his father passes away. Let me explain more about

son right in father property.

What are the sons right in father’s self-acquired property?

According to the law, a son has no claim to his parents' property that they have earned on their own. If he can demonstrate how much he contributed to buying the property, he may be able to claim his part. In addition, if his father left his property to another person through a will or a gift deed, the son has no possibility of inheriting a portion of the self-acquired property. His parents do not have a duty to let him stay on the property, though they may give him authority to utilise it. The property that a grandfather has obtained on his own is not subject to a grandson's rights. This is all about:

can son claim father's property when father is alive in India

.

Hi, Friend

One of my friends' fathers declined to give him any share of their ancestral property, despite the fact that he has put a lot of money into it. His father threatened to sell the entire house to his late younger brother's bride. It was then that I helped him with Bindu Maam’s answer about, can a son claim his father property?

I would like to extend gratitude to Bindu Maam, on behalf of my friend Ashok, who immensely benefited from her answer.

I agree with her answer for both the ancestral and self acquired property. In Ashok’s case, as previously stated, a son possesses coparcenary rights from the moment he is born. 

He can even claim his portion of the ancestral property before his father passes away, that is, during his father's lifetime (by way of partition). Regardless of whether he is the eldest or youngest son, he must prove his succession and right to share in the property.

After this understanding, he was relieved and immediately applied for the legal heir certificate to prove his right of inheritance.

After, almost a year of legal battle, Ashok was able to get a legal share in his ancestral property. Needless to say, this was possible only because of Bindu madam's answer that clarified details about, can a son claim his father property.

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