New Delhi. You may know a lot about the rights of children on their parents’ property, but do you know about the rights of parents on their children’s property? 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? Complete information about this will be given to you 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 had amended the Hindu Succession Act 2005. Section 8 of this Act defines the rights of parents on children’s property, which states 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 condition of being an adult and unmarried, then in such a case 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 mother is given priority over the child’s property. While claiming rights, mother is considered the first heir, while father will be considered the second heir. If mother is not in the list of first heirs, then 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
Hindu Succession Act says that the right of parents on the property of a child depends on the link of the child. For example, if the child is a boy, the law will be followed in a different way and if it is a girl, then the law will be followed in a different way. 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 between 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 on the property. That is, his wife will be considered the first heir. If the child 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.
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