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Property Update: Do you believe you have a birthright to your father's property? If so, take note: the Karnataka High Court has clarified that this is not necessarily the case. Here are the details.

Property Update: Disputes over property within families are common these days. Many people assume they acquire a right to their father's property the moment they are born, but in reality, this is not always true. There are instances where children cannot claim their father's property; therefore, it is important to be informed. A recent case from Karnataka highlights this, with the High Court clarifying that children do not automatically acquire a right to their father's property simply by virtue of birth.

What is the case about?

The case involves a daughter who sought a share in the property her father had inherited from her grandfather. She argued that she had a birthright to her father's property. However, the court found that the property did not actually belong to the father; rather, it had been purchased by the grandfather using his own earnings. Although the property was later transferred to the father's name, its legal nature remained unchanged. Consequently, the daughter was denied a share in the property based on the claim of birthright.

When do children not get a share in the property?

According to the High Court, children do not have a birthright to property in certain situations, such as:

If the property was purchased by the father or grandfather using their own earnings.
In such cases, the property does not become "ancestral property" simply by passing to the next generation.
Therefore, children do not possess a birthright to such property.

In which cases is inherited property not considered "ancestral"?

If the property was purchased through self-earnings.
If the property was received as a gift.
If the property was acquired through a will.
If the property was obtained through a family settlement. If a property was acquired through a partition—that is, if it is an individual's own personal property—then children do not have a birthright over it.