Can a Father Give His Entire Property to One Son?
In India, whether a father can give all his property to one son and evict the others depends on several factors, including:Type of Property (self-acquired vs. ancestral)Mode of Transfer (gift, will, sale)Applicable Laws (Hindu Succession Act, other personal laws)1. Self-Acquired Property
- If the property is self-acquired (bought by the father from his own earnings), he generally has full rights to transfer it to anyone, including one son, through:
- Gift Deed (during his lifetime)
- Will (to take effect after death)
- Other children cannot automatically claim a share, but they could challenge the gift or will if they suspect:
- Fraud, coercion, or undue influence
- Violation of legal procedures (like registration of gift deed)
- Ancestral property (property inherited up to 4 generations) is joint Hindu family property.
- A father cannot unilaterally transfer the entire ancestral property to one son, because:
- All coparceners (sons, daughters, father) have equal rights by birth.
- Evicting other coparceners is illegal without their consent.
- Any transfer without consent can be challenged in court.
- A father cannot evict other sons from:
- Joint family (ancestral) property, or
- Property in which they have rights under the law (like the Hindu Succession Act, 2005)
- For self-acquired property, eviction is possible only if it is legally gifted or willed to one son.
- Courts usually protect the rights of other heirs, so disputes often end up in litigation.
- Hindu Succession Act (for Hindus, Buddhists, Jains, Sikhs)
- Sons and daughters have equal inheritance rights in ancestral property.
- A will or gift can override rights in self-acquired property, but not in joint family property without consent.
- Other personal laws (Muslim, Christian, Parsi, etc.) may have different inheritance rules, but eviction of rightful heirs is generally not allowed without legal procedure.