• Ancestral property claim eligibility

Hi 
Situation : Father is sick & alive, he has 3 sons & 2 daughters. but 2 out of 3 sons try to show more affection to take all properties.

Query: 1) Does the 3rd Son hold equal eligibility to share father property, irrespective of father alive or passed away?
2) If father only want to share property between 2 sons only, still 3rd son can claim anything from property?
3) In which situation 3rd son equally eligible for sharing property?

Thanks
Asked in Property Law from Rohtak, Haryana
Religion: Hindu
1) during father lifetime none of his children have any right on his self acquired property 

2) on his demise intestate ie without a will all the children have equal share in his self acquired property 

3) father can make a will or execute  gift deed in favour of his 2 sons only 

4) please note that it is not ancestral property of father if he has acquired the same out of his own efforts or had inherited it  from his father 
Ajay Sethi
Advocate, Mumbai
28502 Answers
1547 Consultations

5.0 on 5.0

1. YES BUT APPLIES TO ANCESTRAL PROPERTY OF THE FATHER ONLY.
2.Yes, by way of filing suit for partition 3rd son can claim his undivided 1/5th rights but again as regards the ancestral property of his father.
3. As stated above.
Devajyoti Barman
Advocate, Kolkata
7299 Answers
83 Consultations

4.9 on 5.0

1. During the lifetime of father none of his children has any share in his property. He is at liberty to make a will or gift in favour of any of them during his life, thereby denying a share to the other.

2. If he dies without making a will all his children will get an equal share in his property.
Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

1. No. Father is the absolute owner of his property and his legal heirs have no right on his said property during his life time. The father can gift his property anybody he chooses to and/or execute a will in favour of any body he wishes to for which none of his legal heirs can raise any objection, 

2. If the father dies intestate i.e. without gifting the property to some body or without executing a will in favour of some one, all the legal heirs of the father including his 3rd son will have equal share of his properties.
Krishna Kishore Ganguly
Advocate, Kolkata
13929 Answers
309 Consultations

5.0 on 5.0

If the property in the hand of the father is self acquired property then no children can claim any share in the property during his life time and the father can settle the property in any one's favor in any manner he desires.
If the father is dying intestate then all the legal heirs including his wife and mother will be entitled to an equal share in the property.
The legal heirs will be sons and duaghters, wife, mother etc. 
T Kalaiselvan
Advocate, Vellore
18711 Answers
176 Consultations

5.0 on 5.0

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