Answer By law4u team
In a joint family system (especially common in Hindu families), children have specific inheritance rights. The distinction between ancestral and self-acquired property significantly impacts the entitlement of children. Under Hindu law, children are entitled to a share in the joint family property as coparceners, but the division depends on various factors such as the type of property, the presence of a will, and whether a partition has occurred. The rights of children are governed primarily by the Hindu Succession Act, 1956, and other personal laws.
Rights of Children in Joint Family Property
1. Hindu Undivided Family (HUF) and Coparcenary Property
Children (sons and daughters) are considered coparceners in the joint family property if it is ancestral property.
Ancestral property refers to property that has been passed down for four generations (i.e., the property inherited from paternal grandparents or great-grandparents).
As coparceners, sons and daughters (since the 2015 amendment to the Hindu Succession Act) have an equal right to the property, even if they were born after the property was inherited by their father or grandfather.
They have the right to demand a partition of the HUF property, but partition can only occur if all coparceners agree to it.
2. Self-Acquired Property
Self-acquired property is property that a person acquires on their own, not through inheritance or joint family resources.
In the case of self-acquired property, children do not automatically have a share in the property unless the parent chooses to bequeath it to them through a will.
If there is no will and the person dies intestate, the property is distributed among legal heirs according to the Indian Succession Act or personal laws (e.g., Hindu law or Muslim law), but children will not have an automatic right to a share if it is self-acquired unless they are the legal heirs.
3. Children’s Rights After Partition
Once the joint family property is partitioned, the children will have individual shares in the property as per the terms of the partition.
In the case of ancestral property, each coparcener (including the children) gets a portion of the property.
In cases where property is self-acquired, if there is a will, the children may inherit according to the will; otherwise, they inherit according to the rules of intestate succession.
Legal Concepts Related to Children's Share in Joint Family Property
Coparcenary and Ancestral Property
A coparcener is a person who has an undivided share in the ancestral property of the family. Under the Hindu Succession Act, both sons and daughters (after the 2005 amendment) are considered coparceners in ancestral property, which means they can demand a partition or claim their share.
Partition
A partition in the Hindu Undivided Family (HUF) is the division of joint family property among its coparceners. A partition can be done either voluntarily or through the court if there is a dispute.
After the partition, the children become owners of their respective shares.
Self-Acquired Property and Testamentary Discretion
Self-acquired property does not automatically pass to children unless the person making the will explicitly chooses to include them.
In case of intestate succession (when no will is made), children will inherit the self-acquired property as per law (i.e., Hindu law, Muslim law, or the Indian Succession Act), but they are not entitled to it automatically.
Inheritance Rights under the Hindu Succession Act, 1956
The Hindu Succession Act gives children, regardless of gender, the right to inherit ancestral property.
Daughters were given equal rights to ancestral property only after the 2015 amendment to the Hindu Succession Act, which granted daughters the same rights as sons in coparcenary property.
Example
Scenario 1 (Hindu Law – Ancestral Property):
Mr. Sharma has ancestral property inherited from his father. Mr. Sharma has two sons and one daughter. After Mr. Sharma's death, his children are entitled to equal shares in the property under the Hindu Succession Act. The property is not divided, and all coparceners (sons and daughter) have the right to claim their share or demand partition of the property.
Scenario 2 (Hindu Law – Self-Acquired Property):
Mr. Yadav has a self-acquired property and two children (one son and one daughter). Mr. Yadav dies without a will. The property is inherited by his legal heirs (wife and children) according to the rules of intestate succession. However, his children are entitled to share in the property, and the wife has a right to a share too.
Scenario 3 (Partition in Joint Family Property):
In a Hindu family, the ancestral property of Mr. Mehra is partitioned among his four children, including his two sons and two daughters. All children have equal shares in the property, and the partition takes place according to the Hindu Succession Act, which grants daughters equal rights to ancestral property.
