Can Estranged Children Claim Property?

In India, the rights of children to claim property from their parents or guardians are governed by succession laws, specifically the Hindu Succession Act, 1956 (for Hindus) and other personal laws for different communities. Even if a child has been estranged or is not on good terms with their parents, they still retain certain legal rights over their parent's estate, particularly when it comes to inheritance.

However, the circumstances under which an estranged child can claim property are nuanced and can depend on whether the parent has made a will, how the property is structured (self-acquired or ancestral), and whether the child has been legally disinherited or excluded.

Legal Rights of Estranged Children to Claim Property

Inheritance Rights Under Personal Laws:

In India, personal laws govern inheritance. For example:

• Under the Hindu Succession Act (for Hindus), children (both sons and daughters) have equal rights to ancestral property. This includes the property inherited by the parents from their ancestors.
• Self-acquired property: In contrast, the situation is slightly different for self-acquired property, which is property acquired by the parent through their own efforts, not through inheritance. In this case, the parent has the freedom to distribute the property as they wish, either through a will or by gift.

Estranged Children: Even if a child is estranged, they still have the legal right to inherit ancestral property. However, if the property is self-acquired, the estranged parent can exclude them in the will.

Right to Maintenance Under Section 125 of the CrPC:

Estranged children can also claim maintenance from their parents under Section 125 of the Code of Criminal Procedure (CrPC), which provides that children (minor or adult) can claim financial support from their parents if they are unable to maintain themselves.

Even if a child is estranged or living separately, they may still claim maintenance, particularly if they are unable to support themselves financially or are facing hardship due to reasons like illness or incapacity.

However, estranged children do not have a right to maintenance if they are self-sufficient and not dependent on the parent for support.

Legal Disinheritance Through a Will:

A parent can choose to disinherit a child through a valid will. However, the child can contest the will in court if they believe it was created under duress or if it was made when the testator was mentally incapacitated.

In such cases, the estranged child might be able to contest the will on grounds such as undue influence or lack of testamentary capacity, but simply being estranged does not automatically disqualify them from inheriting.

Disinheritance Clauses:

If a will includes specific provisions stating that a particular child is disinherited, and the will is legally valid, then that child may be excluded from the estate.

Child's Right to Ancestral Property:

Even if estranged, children have undisputed rights to ancestral property (property passed down from previous generations). This right exists regardless of personal relations. An estranged child can claim their rightful share in ancestral property, and such claims are not usually contingent on personal relations with the parent.

Partition of Ancestral Property:

If the property is ancestral and a partition has not been done, the estranged child can demand a partition and claim their share. This can be done through the court by filing a suit for partition.

Even if Estranged: The estranged relationship does not extinguish their legal entitlement to the property.

Parental Will and Its Effect on Estranged Children:

If a parent has made a will that specifically disinherits an estranged child, that child may still contest the will in court if they can prove that the will was made under undue influence, fraud, or coercion.

Testamentary Capacity:

The estranged child may also argue that the parent was not in sound mental condition when making the will. If proven, the court may invalidate the will and divide the estate as per the laws of inheritance.

Section 63 of the Indian Succession Act:

This section outlines the requirements for a valid will and can be used to challenge a will that doesn’t meet those criteria.

What Happens in Cases of Disinheritance or Exclusion?

Challenge in Court:

If an estranged child is disinherited, they can challenge the will by filing a case in court under the Indian Succession Act, 1925. This can be done if the child believes that the will was not executed properly or if the testator’s intentions were influenced unfairly.

Undue Influence or Fraud:

If an estranged child believes that the will was created under undue influence (i.e., the parent was coerced into making the will), they may contest the will on these grounds. They would need to provide evidence that the parent was manipulated or pressured into excluding them.

Section 125 of the CrPC:

If the child is still dependent on the parent, they can approach the court under Section 125 of the CrPC to seek maintenance. This applies even if the child is estranged, provided they can demonstrate that they are unable to support themselves.

Example

Scenario 1:

Mr. Kumar has two children, Aarti and Rohan. Due to personal differences, Mr. Kumar and Rohan have not been in touch for many years. When Mr. Kumar passes away, Aarti finds that he has left a will giving his entire estate to her, excluding Rohan. Despite the estrangement, Rohan still has legal rights to his share of the ancestral property. He can challenge the will in court if he believes that it was made under undue influence or when Mr. Kumar was not mentally capable of making sound decisions.

Scenario 2:

Ms. Priya, a mother, has an estranged son, Arjun. After years of no contact, Priya passes away, and Arjun finds that she left a will in favor of a charity, excluding him. Although estranged, Arjun can claim maintenance under Section 125 of the CrPC, provided he is unable to support himself. If the property involved is ancestral, Arjun can demand a partition of the ancestral property, claiming his rightful share.

Conclusion

In India, estranged children can indeed claim property under certain conditions. They have the right to inherit ancestral property regardless of estrangement, and they can also seek maintenance under Section 125 of the CrPC if they are financially dependent. However, if a parent has made a valid will that excludes the child, the child can contest the will in court on specific grounds, such as undue influence, fraud, or lack of testamentary capacity.