A son born in any family would have a right in the properties held by the father as ancestral property however the status of a son qua the self-acquired property is not the same as that of ancestral property. Before we dwell on the issue, it is important to understand what is a self-acquired property?

SELF ACQUIRED PROPERTY

Self Acquired properties are those which are purchased by a person out of his own income and wealth and not inherited from the father or forefathers. It also includes such property which has been inherited through testamentary succession i.e. in case of a Will, Gift, etc. Further, any property received after Partition of ancestral property will be considered as self acquired property in the hands of the person receiving it.

RIGHT DURING LIFETIME OF FATHER

Any self-acquired property of a father is his sole property and no children can claim any right in it during his life time. Such property can be disposed off by the owner i.e. the father and children cannot question such sale, transfer, gift, etc made with regard to the property which is self acquired. Such property can also be given to a stranger by the owner as it is his prerogative as to how he wants to use this property and dispose off according to his wish and will. No child has a birth right in the properties which are self acquired properties of a father and thus, no claim of partition of such property can be filed by the children during the lifetime of the father.

RIGHT AFTER DEMISE

If the father has, during his lifetime, did not make any provision with regard to disposal of the property i.e. through a Will, Gift, sale, etc. then in such case, the children would have a right in the said property of the father in equal share as Class I Legal Heirs. Moreover, if there is any Will, Gift, etc made by the father during his lifetime qua the properties held by him (only self-acquired) then in such case, if the father has left any share to the son or any other children, they shall have right over it only in the terms as mentioned in the document otherwise children would have no right in it.

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