Source: Times Property https://bit.ly/3SqIdUL

Parents always want the best for their children, and they want to take care of all their needs (during their lifetime and even after their death) successfully.

What is the child entitled to when his parents die?
As per the Hindu Succession Act 1956 and its subsequent amendment in 2005, both male and female children possess an inherent right to their father’s ancestral property by virtue of their birth. “The Act recognises the significance of lineage and ensures the transmission of ancestral heritage to the rightful heirs. Conversely, parents retain the autonomy to distribute their self-acquired property through a written Will, allowing them to choose any beneficiary they desire. However, in the absence of a valid Will, in other words, dying intestate, the children, classified as Class I heirs, are bestowed with the foremost entitlement to inherit their parent’s property,” says Meghna Mishra, partner, Karanjawala and Co.

In case the children are minors, although they hold legal ownership of the property, they are unable to administer it independently. “In such instances, it becomes imperative for a legal guardian, either appointed by the court or chosen by the family, to initiate a petition to manage the property on behalf of the minor child until they reach the age of majority,” adds Mishra.

Inheritance rules for adopted children
Adopted children have the same inheritance rights as their biological counterparts and are entitled to a share in their adoptive parents’ property.
“The statutory recognition of adopted children under the Hindu Law flows from Section 12 of the Hindu Adoption and Maintenance Act, 1956, which is a deeming provision and provides for the legal effect of adoption. The said section inter-alia states that ‘adopted children shall be deemed to be the children of their adoptive father or mother for all purposes with effect from the date of the adoption.’

Can a child born out of a live-in relationship be denied property rights?
The legal concept of live-in relationships in India has had a chequered history. While no statute expressly confers legitimacy to live-in relationships, the Supreme Court and various High Courts through their judicial pronouncement have rightly extended the whole gamut of maintenance and property rights to partners in live-in relationships, and to children born out of such relationships.