Introduction to Inheritance of Ancestral Property in Hindu Succession

In the context of Hindu succession, the rights to ancestral property are derived from legal principles rather than personal intent. A son, as a biological or legally adopted child, is entitled to a share in the ancestral property by virtue of birth. The Hindu Succession Act, 1956 provides a legal framework for such inheritance. However, when it comes to self-acquired properties, a father's testamentary rights play a significant role.

Legal Rights to Ancestral Property

Under the Hindu Succession Act, a person is entitled to a share in the ancestral property merely by virtue of birth. This means that no father can arbitrarily disown a son, thus denying him a share in the ancestral property. However, the situation changes when it comes to self-acquired properties. A father can specify how such property should be transferred after his death, including the exclusion of certain beneficiaries.

Deciding Inclusion or Exclusion in a Will

A person holds the right to include or exclude any individual from their will. The share of the ancestral property is determined by law and can only be arbitrarily excluded through legal means. One cannot be arbitrarily denied a share in the ancestral property through a will.

Will and Ancestral Property

One can only make a will with respect to their self-earned property or the share they have in ancestral property. When a share has been derived from a grandfather, it becomes a vested right that passes to the grandson. Therefore, if the ancestral property is not sold or transferred for legal necessity, it is divided among the legal heirs, including the father and sons.

Challenging Inequality in the Will

If a father's will fails to include a son, the son has the right to approach the court for a share in the ancestral property. Disowning a son through a will only affects the property after the testator's death and is subject to changes in the will if any. The father may choose to keep a son out of his self-acquired property through a will, but cannot similarly affect the portion of ancestral property that a coparcener (a party who is entitled to inherit ancestral property) would automatically receive or retain until partition.

Conclusion and Further Considerations

It is crucial to understand the distinction between self-acquired and ancestral property in the context of inheritance. While a father's testamentary wishes can affect self-acquired property, they have limited effect on ancestral property. This means that biological or legally adopted sons are entitled to a share in the ancestral property despite a father's will to the contrary. Legal means, such as approaching the court, can be utilized to ensure the rightful share of a son in the ancestral property.

Understanding these nuances is essential for those dealing with succession and inheritance matters, especially in the highly traditional and legally complex environment of Hindu succession. Seeking legal advice is recommended to navigate these complexities effectively.