Can an Indian son claim ancestral property if his father is alive?
In the Civil Appeal of U.R.V irupakshaiah vs. Sarvamma & another, the Supreme Court of India ruled that Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is “ancestral property”.Under the Hindu Law, the moment a son is born, he gets a share in father’s property and becomes part of the coparcenary. His right accrues to him not on the death of the father or inheritance from the father but with the very fact of his birth.By its very nature, ancestral property is coparcenary property and the son is a joint owner along with his father (when he is alive), i.e., he can not have exclusive or sole right to the entire ancestral property.Normally therefore, whenever the father gets a property from whatever source from the grandfather or from any other source, be it separate property or not, his son should have a share in that and it will become part of the joint Hindu family of his son and grandson and other members who form joint Hindu family with him.In the light of the above (limited) discussion, it can be observed that the son, in the capacity of a coparcener in the ancestral property, is not barred from making claim while his father is alive. But such claim shall have to be limited to his share only.