Can a parent disinherit a child from their property?

A parent can generally disinherit a child from self-acquired property through a valid will, as there is no automatic right to inherit self-acquired property. However, the position is different for ancestral property, where a child may have a birthright share.

Key points

• A person is free to bequeath their self-acquired property to anyone through a will, and can exclude a child.
• There is no guaranteed share in self-acquired property if a valid will directs otherwise.
• Ancestral (coparcenary) property is different — a child may have a birthright share that cannot simply be willed away.
• A will excluding a child can still be challenged on grounds like coercion, fraud, or unsound mind.
• Clear reasons and proper execution reduce the risk of a successful challenge.

Relevant law

Freedom to bequeath self-acquired property flows from the Indian Succession Act, 1925 and testamentary freedom under Hindu law. Rights in ancestral property are governed by Section 6 of the Hindu Succession Act, 1956, which recognises coparcenary birthrights, including for daughters.

What you can do

• Determine whether the property is self-acquired or ancestral, as this changes your rights.
• For ancestral property, assess your coparcenary share with a lawyer.
• If a will is suspicious, gather evidence to challenge it (capacity, coercion, fraud).
• Consult a succession lawyer in Jodhpur to understand and protect your rights.