Court Ruling Clarifies: No Inheritance Rights for Children Disrespecting Parents

In India, property matters often spark tension within families, especially when it involves inheritance from parents. Sons and daughters alike believe they deserve an equal share. However, a recent High Court judgment has made it clear: children who go against their parents’ wishes or treat them poorly can legally be excluded from inheriting their property.

This landmark ruling has triggered widespread discussion, highlighting a crucial reality — not every family member has an automatic right to inherit. When it comes to property earned through a parent’s hard work, the decision of who gets what rests entirely in their hands.

Understanding the Types of Property in India

There are two main categories of property under Indian law:

Ancestral Property: This refers to assets passed down through at least four generations without a legal will. Both sons and daughters have equal birthrights to such property.
Self-Acquired Property: These are assets bought or created by an individual using their own income or resources. In this case, the owner — usually the parent — holds full authority over who inherits it.

Equal Rights for Daughters After 2005

A major legal shift came in 2005, when daughters were granted equal rights in ancestral property, irrespective of their marital status. The Supreme Court later reinforced this, confirming that daughters born even before the 2005 amendment are entitled to the same rights as sons.

What If There’s a Will?

If parents have created a registered will (also known as a testament), and it excludes a particular child, that child has no legal claim over the self-acquired property. The will reflects the parent’s personal wishes, and they are free to leave their estate to any individual, relative, or even an institution.

However, if no will exists, the property is distributed equally among legal heirs as per the Hindu Succession Act.

When Can a Child Be Disinherited?

The law allows parents to disown a child from their self-acquired property under specific circumstances, including:

Abuse or mistreatment by the child
Suspicion regarding the child’s involvement in the parent’s death
Conversion to another religion
Conviction for a serious criminal offense

In such cases, parents can legally exclude the child from their will.

Can Daughters Seek Legal Help?

Despite having legal rights, daughters are sometimes denied their rightful share of property by family members. In such cases, they can approach the court. If the court rules in their favor, they can sell, rent, or transfer their share to their children. A daughter’s marital status or living separately from her parental home has no impact on her legal claim.

Why Parents Must Plan Ahead

Inheritance disputes often arise when parents pass away without a will, leaving room for misunderstandings and family conflict. To avoid such situations:

Draft a clear will and get it registered
Ensure timely nomination and legal documentation
Discuss property matters transparently with family members
Seek legal guidance from a qualified property lawyer

Property is More Than Wealth — It’s a Responsibility

Receiving property isn’t just about financial gain. It also involves maintaining the asset, paying taxes, ensuring legal compliance, and most importantly, respecting its sentimental and familial value.

Respect Determines Rights

In today’s legal framework, sons and daughters are treated equally. But the right to inherit — especially self-earned assets — hinges on one’s relationship with the parents and how well their choices are respected. While ancestral property mandates equal division, self-acquired property is governed solely by the parents’ will.

For families, the message is clear: make informed decisions early, draft proper legal documents, and prioritize mutual respect to prevent future discord.