Legal heir has no right in father’s property
A legal heir, such as the wife, son daughter etc, has no right in the self-acquired property of any of his/her parents so long as they are alive.
The owner of the self-acquired property can dispose of the self-acquired property in any manner he wishes to do.
Kerala High Court’s order in this regard
The Section 125 of the Code is also clear enough to indicate that a minor child, whether male or female, alone is entitled to claim maintenance.
In Hindu Adoption and Maintenance Act, there is no differential treatment inasmuch as a male child is concerned.
Of course, under Section 20(3) of the Hindu Adoption and Maintenance Act, a daughter who is unmarried or is enable to maintain herself out of her own earnings or other property has the right to claim maintenance from her father.
Thus, none of the said provisions entitles a male child who has attained majority to claim maintenance from his father, says the Kerala High Court in B Prakash v Lazitha S and Others [2024: KER:56927].
Laws governing transfer of property
The Transfer of Property Act, 1882 allows him to sell, gift or transfer his property as he desires, or to bequeath it to anyone he wishes in the form of a Will, as per the Indian Succession Act, 1925.
Son has right if he proves his contribution in the property
If a person conclusively proves before the court that he has contributed towards the acquisition of the property he can be declared as a co-owner of the property by the court.
Father must maintain the wife son & unmarried daughters
But it is the duty of the male to maintain his wife, minor sons, and unmarried daughters, under the succession laws applicable to them.
Some actions the father or mother can take when a son troubles them
- Send him a legal notice asking him to leave the house
- If the son is still not leaving the house, then file an eviction suit
- Seek the help of the police in evicting him from the house
In conclusion
In short, the father has the right to dispose of his self-acquired property as he wish, and his children do not have any inherent right to it.
Reference
- Kerala High Court in B Prakash v Lazitha S and Others [2024: KER:56927]
