• Fathers self acquired property

We are 3 children to my father 1 son 2 daughters 
My fathers self acquired property X and no ancestor property. 
My father want to give property X to only daughters not son because of family problems. 
If there is any right to son or not? 
And how to write will
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

In father`s life time, non have any say and he can give his property to any with his choice and dis own any child.

Will is effective after death and can be revoke/revoke anytime in father`s life time. You will get time to change father mind.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

There is no right of son in the property the father on his wish can make will or gift of his property in favour of his daughter.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See father is absolute owner of his self acquired property no person other then him.has right on same he can will gift , will his property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Son has no right in the self acquired property of the father during his lifetime, therefore he cannot claim any share in the same.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as Will, Gift deed etc.

He can give the property to whomsoever he pleases.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

father is at liberty to bequeath his self acquired property to his daughters 

 

2)in will reasons should be mentioned why property is being bequeathed only to daughters

 

3) executor should be appointed for will 

 

40 will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

father can by will bequeath property only to daughters 

 

2) you can contact any lawyer on this website for drafting will 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

If it his self acquired property he has right to give the property to anyone he wishes even to a stranger and sons or daughters will have no right to question the same. If the property is acquired by your father through any earning of ancestral property then it will not be self acquired. In your case since he has acquired it from his own earnings he can gift the property or make a will in favour of daughter.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

No ,son do not have any right if the father during his lifetime want to give his self acquired property to anyone. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

He has the full authority to make the WILL in favour of any person. Even if he plans to give the property to any third party, then he has the right to do so. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

He has absolute rights to dispose off to anyone.

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

This being father's self acquired property, shall become his own property and he has full authority on the property to dispose it in any manner as per his desire and decision.

 

He can transfer his property through testamentary disposition i.e., by bequeathing the entire property on his daughters' name also through a Will.

His son cannot question his father's authority and decision about this.

His father can mention the reason in his recital in the will that why  he has left out his son from having any share in his property though it is not mandatory to mention the reason..

 

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The father can very well bequeath his entire property in favor of his daughters alone.

He need not allot any share to his son.

His son cannot claim any share in it as a right.

To exercise abundant caution to avoid any litigation in this regard, the father can mention the reason in the will that why he had left out his son from allotting any share in his property besides writing that it is his self acquired property.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

No idea the same is his self acquired property he has exclusive rights to give it to anyone he wants there is no compulsion.  You can't get a share without his will and consent

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

 If it is his self acquired property then son can not do anything. However if the same is his ancestral property then a suit for partition can be filed by the son to get his due share.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If the property is self acquired by the father son/children can claim no right over it. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear client 

If your father want to give the self acquired property to his daughters than son cannot claim even a single inch of space from that house as its right of father to whom he gives the property but if in his lifetime he didn't write the will then son can claim share from the property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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