• Non-financial contribution of an adult son in father's self-acquired property

Can a Hindu adult son claim rights (at least partially) in father's self-acquired property based on "non-financial" contribution towards the property? Or, is the concept of "non-financial contribution" applies only to women in divorce cases and not applicable to father-son relationships? What does the Indian law say in this regard? Pls clarify.
Asked 7 months ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

You have no share  in father self acquired property during his lifetime 

 

2) only on father demise intestate you will have share in his self acquired property 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

A son is entitled to an equal share in the property that belonged to his father upon his father's intestate death at par with all the legal heirs of his deceased father.

The financial contribution towards the purchase/construction of the propeprty is immaterial because all the legal heirs of the deceased Hindu male are entitled to n equal share in the preprty left behind by him upon his intestate death.

However none of the children including the wife of the Hindu male are entitled to any share in the property during the lifetime of the Hindu mal in his self acquired property

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

- As per law, none having right to claim over the self acquired property of father during his life time. 

- Hence, if your father is alive then you cannot claim any right over his self acquired property 

- However, he can transfer the same to you by way of Gift deed or Will. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Sir/Madam,

It is suggested that son can claim rights in father's self-acquired property in other modes/ways also. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

When principle non-financial contribution is applicable to wife managing home, there is no reason why it should not be applicable to son. Any principle of law is applicable to all irrespective of gender if the circumstances call for. 

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

Under Indian law, an adult Hindu son has no legal right in his father's self-acquired property during the father's lifetime—regardless of non-financial contributions (like emotional support, household help, or unpaid labour).

Legal Position:

  • Self-acquired property is solely owned by the person who bought it with their own income.

  • The father can gift, will, or sell it to anyone, and sons (adult or minor) cannot claim any right unless the property is ancestral.

  • The concept of "non-financial contribution" is not recognized in property disputes between father and son.

  • This principle mostly applies to matrimonial cases, especially in divorce proceedings, where a wife's non-financial contribution (e.g., homemaking) may be considered.

Conclusion:


❌ No legal claim for adult sons in father's self-acquired property based on non-financial contributions under current Hindu succession law.

Shubham Goyal
Advocate, Delhi
2073 Answers
14 Consultations

If the son contributes towards purchase of a flat or for construction of a house on a plot of land, either partly or fully, he can lay a claim over his share in the property so created by his father. But the burden of proof - of financing such asset - shall fall on the son squarely. The son has to establish his case on the basis of acceptable documentary evidence to the satisfaction of the court.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client,

In Indian Hindu law, a Hindu adult son cannot have any legal entitlement or interest in his father's self-acquired property just because he made non-financial contributions in his lifetime. The father alone has complete ownership and freedom to dispose of his self-acquired property in any manner he desires, including donating or leaving it to any person regardless of the son's non-financial or other contributions. Self-acquired property is the property that a father himself acquires through his own efforts and is not ancestral property. Sons do not automatically have any right or interest in such property in the lifetime of the father. The term "non-financial contribution" (like care, labor, or any other non-monetary contribution) can be identified primarily in women's rights during the time of divorce or maintenance proceedings under acts like the Hindu Marriage Act but not in entitling inheritance or claims by sons on self-acquired property of their father. When the father dies intestate, the self-acquired property goes to Class I heirs (sons and daughters) equally in accordance with the Hindu Succession Act, 1956. Sons are then legally entitled to an equal share irrespective of any contribution made earlier. If a father makes a will or gift of his self-acquired property, sons cannot have any share unless they establish actual money contribution in the acquisition and co-ownership, which is unlikely and rare. The law differentiates very clearly between ancestral property where sons have coparcenary rights by birth and self-acquired property where sons have no rights during their father's lifetime

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If father dies without will then you can claim share in his property upto his share. If they are alive then you don’t have any rights. Even woman doesn’t have a rigjt in self acquired property in DV cases only orders of residence rights can be claimed. But after studying entire case details of yourself I can guilds you whether you can do something to secure your rights 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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