Property Knowledge: Do you know that parents also have rights on the property of their children? However, its law is a bit complicated, which gives different provisions in case of son and daughter.
You must be knowing a lot about the rights of children on the property of their parents, but do you know about the rights of parents on the property of children? Can parents claim their child’s property? According to the Indian Succession Law, what are the situations in which parents can also claim their children’s property? You will be given complete information about this in this article.
According to Indian law, under normal circumstances, parents do not have the right to claim their children’s property. There are some special situations in which parents can claim their children’s property. Regarding this, the government amended the Hindu Succession Act 2005. Section 8 of this Act defines the rights of parents on children’s property, which tells when parents can also claim their children’s property.
When do parents get rights
Under the Hindu Succession Act, if a child dies prematurely due to an accident or disease or dies without making a will in the case of being an adult and unmarried, then the parents get the right to claim the child’s property. Here one more thing has to be understood that even in such a situation, the parents do not get full rights over the child’s property, rather both the mother and the father will have separate rights.
Mother is the first heir and father is the second
This law states that the mother is given priority over the child’s property. While claiming the right, the mother is considered the first heir, while the father will be considered the second heir. If the mother is not in the list of first heirs, then the father gets the right to take possession of that property. This is because the number of people claiming as second heirs can be more. If this happens, then other heirs will also be considered equal shareholders along with the father.
Different provisions for son and daughter
The Hindu Succession Act says that the right of the parents on the child’s property also depends on the link of the child. For example, if the child is a boy, the law will be followed differently and if it is a girl, differently. If the child is a male, then his property will be given to the mother as the first heir and to the father as the second. If the mother is not there, then it will be divided among the father and his other heirs. If the son dies after getting married and has not written a will, then his wife will get the right over the property. That is, his wife will be considered the first heir. If there is a daughter, then the property will be given first to her children and then to the husband. If there are no children, then to the husband and finally to the parents. This means that in the case of a daughter, the right to claim the property will be given to the parents last.