If you are stuck in such a situation, here is what to do.

Mr. Alok, a resident of Nagpur, finds himself in a common but confusing legal situation. His grandfather, Mr. Chandrakant, had purchased a residential plot in the city back in 1985 with his own earnings. Mr. Chandrakant passed away in 2012 without leaving a will (intestate). As his only son, Alok’s father, Mr. Bhaskar, inherited this property. The property was duly transferred into Mr. Bhaskar’s name.

Recently, Mr. Bhaskar decided to sell the plot to fund his retirement. However, his son, Alok, objected. Alok believes that since the property came from his grandfather, it is ancestral property, and therefore, he has a right by birth in it. He argues that his father cannot sell it without his consent. Mr. Bhaskar maintains that since his father acquired it himself, it is his (Mr. Bhaskar’s) self-acquired property to dispose of as he wishes. This disagreement has caused significant family friction, with different lawyers giving them conflicting opinions.

Advice in such cases

When facing a dispute over the nature of an inherited property, taking a structured approach is crucial to avoid escalating family conflicts and legal costs.

• Gather all relevant documents. This includes the original sale deed showing how the property was first acquired, the death certificate of the original owner, and any documents related to the transfer of ownership (mutation records, succession certificate).
• Trace the lineage of the property. The key is to determine if the property was purchased by an individual or if it has been passed down undivided through four generations of paternal ancestors.
• Understand the legal distinction between ancestral and self-acquired property, as this forms the basis of any claim.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This issue is primarily governed by the Hindu Succession Act, 1956. The criminal codes like the Bharatiya Nyaya Sanhita (BNS) or Bharatiya Nagarik Suraksha Sanhita (BNSS) do not apply here, as this is a civil matter of property and inheritance law.

• Section 8 of the Hindu Succession Act, 1956: This section lays down the general rules of succession for a Hindu male dying intestate (without a will). It states that the property of the deceased will first devolve upon the heirs specified in Class I of the Schedule. A son is a Class I heir.
• Supreme Court Judgments: The legal position on this matter has been clarified by the Supreme Court of India in several landmark cases. In cases like Commissioner of Wealth Tax, Kanpur and Others v. Chander Sen and Others and reaffirmed in Yudhishter v. Ashok Kumar, the Court held that property inherited by a son from his father’s self-acquired estate under Section 8 of the Hindu Succession Act is not ancestral property in his hands. It is treated as his own self-acquired property.
• Conclusion: Therefore, when a father (like Mr. Bhaskar) inherits self-acquired property from his father (Mr. Chandrakant) who died intestate, that property becomes the son’s (Mr. Bhaskar’s) absolute, self-acquired property. His children (the grandchildren like Alok) do not acquire a right by birth in it. Mr. Bhaskar has the full right to sell, gift, or otherwise transfer the property as he sees fit.

If you are the complainant

If you are in the position of the grandson, Alok, who believes he has a claim, it is important to understand the legal reality.

• Your claim to a birthright in the property is likely not maintainable if your grandfather originally purchased the property with his own funds.
• The property inherited by your father under Section 8 of the Hindu Succession Act is considered his self-acquired property.
• You cannot legally stop him from selling or transferring this property. Filing a frivolous suit can lead to legal costs and further strain family relations.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the property owner, like the father, Mr. Bhaskar, whose rights are being questioned by your child, here are the steps to take.

• You hold absolute rights over the property inherited from your father’s self-acquired assets. You are free to sell, gift, or bequeath it to anyone you choose.
• To proceed with a sale, ensure your title is clear. Have the original purchase deed (of your father), his death certificate, and the mutation document showing the property in your name.
• If your child attempts to create a legal hurdle, you can file a suit for a declaration of your absolute ownership and an injunction to prevent them from interfering with your rights.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have a very limited role in such disputes. Property ownership is a civil matter to be decided by the courts. The police will not intervene to determine who the rightful owner is or to prevent a legal sale. Their involvement is only warranted if a specific criminal offense occurs, such as:

• Trespassing or forcible dispossession.
• Forgery of property documents.
• Violence or threats leading to a breach of peace.
• A specific court order directs them to provide police protection or enforce an injunction.

Otherwise, the police will direct both parties to approach the civil court to resolve their dispute.

FAQs people normally have

• What exactly is ancestral property?
  Ancestral property is one that has been inherited up to four generations of male lineage (son, father, grandfather, and great-grandfather) and has remained undivided throughout this period. A right in such property is acquired by birth.
• What if the grandfather had left a will?
  If Mr. Chandrakant had written a will, the property would be distributed according to the instructions in the will. The laws of intestate succession (like Section 8) would not apply.
• Does this legal principle change if the property was inherited from a mother?
  The rules for succession for a Hindu female dying intestate are different and are governed by Section 15 of the Hindu Succession Act, which has its own order of heirs.

What evidence is required?

To establish the nature of the property and ownership rights, the following evidence is crucial:

• Sale Deed/Purchase Document: The original deed in the grandfather’s name to prove it was his self-acquired property.
• Death Certificate: To establish the date of death and trigger succession.
• Legal Heir/Succession Certificate: To officially establish the line of succession.
• Mutation Records: Documents from the land revenue department showing the transfer of title from the grandfather to the father.
• Absence of a Will: An affidavit or declaration stating that the deceased died intestate.

How long will the investigation take?

There is no “investigation” in the criminal sense for a civil property dispute. If a party files a lawsuit (for example, a suit for partition or a declaration of title), the duration depends entirely on the judicial process. A contested property case in India can take a significant amount of time, often several years, as it moves through the trial court, with potential appeals to the High Court and the Supreme Court.

Advocate Sudhir Rao, Supreme Court of India