His share in his father’s self-acquired property
The Hindu Succession Act, 1956, states that any property that is acquired by a person himself, either by way of his own resources or by way of division of the ancestral property, is his self-acquired property. Similarly, a property acquired by virtue of being a legal heir, through a gift deed or ‘will’ etc. also comes under the category of self-acquired property. Property inherited from a deceased brother, uncle, etc. is also self-acquired property.
Contribution towards acquisition of property
“A legal heir has no right in the self-acquired property of his parents, unless the contesting legal heir can conclusively prove that he has contributed towards the acquisition of the property and is a co-owner of the property. The owner of the self-acquired property can deal and dispose of the self-acquired property in any manner prescribed under the Transfer of Property Act, 1882 or can bequeath the self-acquired property to anyone he wishes, by way of a will,” says Khaitan and Co. Partner Sudip Mullick. This means that Rajesh cannot stake a claim in his father’s self-acquired property if the son has been disinherited by the father and he may have to leave the house if his parents don’t wish to live with him in their self-acquired property. But, if Rajesh’s father dies intestate, i.e. without making a will, then his father’s self-acquired property would be devolved amongst the legal heirs irrespective of the poor relations he shared with him.