By Admin 
Property Rules: Disputes regarding property in families are not new. Be it village or city. Often the question arises whether a father can give all his land or property in the name of only one son and disinherit the other children. Many people assume that someone is the boss. He will take the final decision. But the picture of law is a little different. The real difference depends on the type of property.
Is it purchased with one’s own earnings or is it ancestral? In both these situations the rights are decided in different ways. Therefore, can someone’s rights be taken away on the basis of emotions or family resentment? Let us tell you what the law says about this.
Who has what right in ancestral property?
Ancestral or ancestral property is that which has been passed on for generations. In this, both sons and daughters are considered partners by birth. Here the father is not the sole owner of the entire land. The Supreme Court has clearly said that the father is not the absolute owner of the ancestral property. That means he cannot transfer the entire land to any one child as per his wish.
Suppose there is a father and three children in the family. In such a situation, four parts of the property will be considered. The father can take decisions only on his share i.e. one fourth. He has no right on the share of the remaining children. Even if he bequeaths the entire land in the name of a child. So the remaining children can go to court and claim their share.
What are the rules regarding self acquired property?
Now let’s talk about self-acquired property. This is the property which the father has purchased with his own earnings. In this type of property the owner gets more freedom. If he wishes, he can make a will in the name of any one son, daughter or even an outsider. Here, the rest of the children do not have any legal claim by birth, but if in case of self-acquired property, no will is made and the father dies.
Then there will be equal distribution among all the legal heirs. If understood in simple words, everyone’s rights in ancestral property are protected. However, in self-acquired property, the will of the owner prevails. Therefore, if the property is self-acquired, then the father can evict whoever he wants from the property and can name it in anyone’s name.
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