Response

A father can disinherit his son from his self-acquired property only, and not from his ancestral property. Self-acquired property refers to property that is not inherited but is self-made out of oneÕs own funds and resources. Property acquired through a brother or an uncle may also be categorised as self-acquired. A property acquired through a gift deed or through a will is also self-acquired. Ancestral property is that which is inherited from a common ancestor- from father, grandfather or great grandfather. The common ancestor should be a direct male lineal ancestor.

If a son is able to prove that his funds or resources were used by his father to build his (the fatherÕs) self-acquired property, the father cannot deny the son his share.

Similarly, if a father dies without a will, his self-acquired property will be inherited by the son, in case the father has not created a will, bequeath the property to somebody else. He may also choose to gift it anyone he wants through a gift deed.

You can easily make that person bedakhal from property by making legal documents and through that documents we can publish that notice of bedakhal in the local news paper and kept that newspaper cutting safely and further you can make will of your respected father and mention that bedhakal information in that will so that in future he cannot stand anywhere to claim any property.

Reference: Hindu Succession Act, 1955

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LAWAYZ-2023-290