LaxmiNarayan (Self) 31 October 2022

Deed of settlement

My Grandmother gave one property to my father with the virtue of deed of settlement while father's son(me) was just born with 3 years of age and minor. Grandmother got the same property by the sale deed with grand father's money .

Whereas Father's others brothers have got grand father's property and established so grandmother provide her sole property to my father with 100% share and my father does not got any of my grand father's property .

Now this property consider in which category is that ancestral or self acquired by my father.

can My father disown his son and sale freely the property without son's concent. Is there any inheritance right present for son in this property which grand mother gave by deed of settlement to my father mentioning as other brother got grand father's property. While son was a minor and three person ware alive. Now my grand mother passed away with nearly 20 years.

Please suggest the legal right for the son in the above case. Is this property ancestral in nature or it is father's self acquired category .

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Vishesh K Sapra (Advocate Supreme Court (888-215-3399)) 19 August 2025

The property in question, though originally purchased in your grandfather’s name with his funds, was subsequently transferred exclusively to your grandmother through a valid sale deed. Once title vested in your grandmother, it became her absolute self-acquired property under law. Thereafter, when she executed a deed of settlement in favour of your father, your father derived title solely from her. Consequently, the property received by your father under the settlement deed is treated in law as his self-acquired property, not as ancestral property.

For a property to be classified as ancestral coparcenary property, it must descend undivided from a male ancestor up to four generations. Here, since the property passed through your grandmother by way of her own absolute ownership, and was not part of joint Hindu family property devolving by survivorship, the character of ancestry is broken.

Therefore, your father has full ownership rights over this property. He can sell, gift, or otherwise alienate it without seeking your consent. As a son, you do not acquire any birthright or automatic coparcenary interest in such property. Your rights, if any, will arise only upon your father’s death, through inheritance, provided he dies intestate. During his lifetime, he is legally entitled to disown you from this property and deal with it as he wishes.

To know further connect with me at adv.vishesh@icloud.com