Dr. J C Vashista (Advocate and Legal Consultant) 19 September 2021
Advocate Bhartesh goyal (advocate) 19 September 2021
Ananya Gosain 14 October 2021
As per your concern, If the father has self-acquired property, he is free to deal with it. If he dies intestate (without leaving a will behind), all children are entitled to get it as legal heirs.
However, if the property is ancestral he cannot deal with it freely as per his wish as all his children have a share in that property and his sons can claim partition of the same.
ANCESTRAL PROPERTY: A property which has passed on undivided up to four generations of male lineage is called ancestral property. The property should be four generations old.
Distribution of ancestral property of a father: In an ancestral property, all the sons have a right by birth, and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After the amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.
Hope this helps