Families often struggle over who will inherit their father's property or wealth. In our society, it's believed that after a father's death, the "eldest son" has the first and absolute right to inherit the family's property. But does the eldest son truly have this right under Indian law? The answer is "no."

The division of property depends not only on who the eldest son is, but also on several legal rules. But what does Indian law and the Hindu Succession Act say about this? Does the eldest son really have special rights, or do all sons and daughters have equal rights? Let's find out.

Legal experts and various Supreme Court decisions have clarified this situation. Children's rights depend on whether their father's property is "self-acquired" (earned by himself) or "ancestral" (inherited from grandparents). If the property is self-acquired, the father can transfer it to anyone during his lifetime or through a will. The eldest son has no such direct right. Therefore, all sons and daughters have equal rights to ancestral property from birth. Therefore, the key point of the law is that no one has a special right to the same extent as the eldest son.

Is the eldest son of the family the heir to the family?

There's a long-standing belief in Indian families that the eldest son is the primary heir to a father's property. However, there's no legal rule that allows the eldest son to inherit the entire property. This misunderstanding often leads to family disputes and even legal action.

What are the rights of the family?

In fact, who inherits a person's property depends on many factors. First and foremost, it's important to consider whether the property is inherited or acquired through personal income. It's also important to consider whether the deceased left a will. Furthermore, the inheritance laws applicable to that person are also important. Girls also have equal rights.

According to the Hindu Succession Act, 1956, and its 2005 amendment, girls have equal rights to ancestral property as boys. This means that not only sons but also daughters have an equal legal share in their father's property.

Legal heirs get equal rights

If a person has purchased property with their own earnings and has made a valid will, they can transfer the property to anyone they wish. However, if there is no will, the property is legally divided among all legal heirs. In this case, the eldest child does not receive any extra or special rights.

Is there no property right?

Many people believe that the right to property is a fundamental right in India. But this is not the case. After the 44th Amendment to the Constitution in 1978, the right to property ceased to be a fundamental right. It remains a legal right under Article 300A of the Constitution. That is, no person can be deprived of his property without due process of law.

PC: NDTV