Many people have questions whether they have a right to claim a share in the property that their father/mother has earned?
You might wonder why I am blogging on this topic. I have chosen to write about this because many a times a father or a mother struggle to make a small property of their own with their hard earned money. The children think that it is their birth right to stake their claim over such property and many of them force their parent/s to transfer the property to them, and this, without their free consent. Some parents are abused and harassed badly to transfer the property to their children, sometimes, plainly tricked. What makes such children think that they have a right over the self acquired property of the parents. I think that it's time to make known to such people that the self acquired property of a person is his to deal with in the manner he wishes. The children cannot force the parent to transfer such property to their name as a matter of right.
In the case of Kenchegowda v/s K.B. Krishnappa, ILR 2008 Kar 3453, it has been held that "No child, whether legitimate or illegitimate, acquires any right by birth in the separate or the self acquired property of its parents. They do not possess any antecedent title to such property. Right to such property accrues to them only on their parents dying intestate" (it means dying without writing a will). "It is the death of the parents and not the birth of the child which confers a right in such property. In respect of such property both the legitimate and illegitimate child succeed in accordance with the provisions of section 8 and 15 if the parents die intestate. It is only after such an event, a suit for partition can be maintained. Thus, no suit for partition could be filed against the parents during their lifetime in respect of separate or self acquired property of the parents."
Note: The sections 8 and 15 referred to in the above case are that of the Hindu Succession Act, 1956.
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