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Property Right of son in dayabhaga

Shivendra Pratap Singh

Advocate

07/11/2015

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Sir, I want to know what is the property right of a son in dayabhaga? My father received 150 decimal land from my grandfather and he is refusing to give me a share in that property. He wants to give this ancestral property to his son of 2nd marriage, therefore, I am living separately from my joint family property. Please let me know the law regarding my right or interest in dayabhaga ancestral property or joint family property?

Question from: West Bengal

As per the Dayabhaga law of inheritance, the son does not acquire any interest in the ancestral property by birth. His right in property accrues immediately on the father’s death. In other words, after the father’s death, the ancestral property devolves upon the children. The estate will devolve only when the father dies intestate, i.e. without executing any Will.

Whether a son has interest or right in the ancestral property of Dayabhaga

Since the son has no interest in the ancestral property until the death of the father, therefore, he cannot bring a partition suit. Hence, there could be no coparcenary between a father and son. [Gouranga Sundar Mitra v. Mahendra Narayan Mitra, AIR 1927 Cal 776]

In the Dayabhaga law, the father is the absolute owner of all properties. No question of partition arises during his lifetime. Satchidananda Samanta vs Ranjan Kumar Basu And Others AIR 1992 Cal

The Dayabhaga does not create a concept of joint family property between the father and the son. Because so long as the father is alive, he is the master of all wealth. 

Property right of Son

Son does not acquire any interest in the ancestral property by birth, therefore, he cannot demand a partition of such property from the father. As well as, the son cannot call for an account of the management thereof from the father — [CIT vs Babubhai Mansukhbhai AIR 1977 Cal].

The right of partition opens immediately after the death of the father. Therefore all children get right in the property. They have equal right in the property hence they can partition the property.

Thus it is apparent from the above discussion that you have no interest in the property. your father is still alive, and he is the absolute owner. The concept of joint family property does not find in the Dayabhaga School of Hindu law.

You cannot get father’s properties (ancestral or self-acquired) in his lifetime. You have no right to claim partition or injunction because of lack of your interest in the property.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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