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Author Topic: My 17 months old son will have any rights on my dadís self-earned house  (Read 803 times)

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Offline shyam.meghansh

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Hello Sir,
I am 37 years old man and my father is 70+ year old, as my dad has three property (two of them are open plots and one is house) which was earned by him (self-earned). Will my son has rights on those property as he is 17 months old as for today.

I just wanted you to know that I and my sister are kids from my dadís first marriage and we have a brother who is from my step mother son. As my dad, step mom & my sister send me and my wife out of the house.. after 2 year I request my father that I would like to be in that house, as he agreed and allowed me and my wife to stay in the house as renters and asked me to give rent on a monthly basis  (3000/-)  as he never provided basic facilities  like drinking water and water for using  etc. I have managed with tankers and stayed there. After my son was birth, he has completely cut the communication between us, so I have taken one of the room from the tenant portion and paying 1000/- per month.
Recently I got to know that he has sold one of the plot and did not updated me. As I got to know that he as sold it and when asked he said that I am not his son and I should not ask him. And behind all of this my step mom is the one.

My worry is if he sell the house, then what would be my state on that and my son right on that house.
I was eager to know that my son has the right or not.

My father was a retired government employee and I am a private sector I am from Hyderabad city of telangana state.

Please help me on this.

Offline rajgopal sripathi

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Any self acquired property of a hindu male is his absolute property in accordance to hindu succession act and he can deal with the property in any which manner he so wishes.

In accordance to Hindu succession Act in absence of any will or Gift executed by your father in his life time the CLASS I Legal heirs are the wife(second wife if the marriage is legal), Son's(including step brother) and daughters. All of the Class I legal heirs will get equal share of the property.

A son of living son (grand son) is not a class I legal heir. So Class I legal heirs will alone succeed to the property as Tenants in common.

With the law position being as stated above, if at all you want to file a suit on your father's property for and on behalf of your minor son, then you need to provide evidence of existence of an ancestral property and funds from ancestral property formed the nucleus/seed capital for acquisition of properties by your father and claim that the self acquired properties also are of nature of ancestral property. Unless and until you have solid evidence on existence of ancestral property and income thereof, you should not attempt to claim your father's property as ancestral property.
Hope this helps
Rajgopal Sripathi

Offline shyam.meghansh

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Thank you very much sir.

Offline adv.amarnath

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No rights in respect of your father's self acquired property

Amarnath Sanyal
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Mob - 09830303322


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