--- title: "Asha Kiran Sharma Explains Why Children Do Not Automatically Acquire Birthrights in a Father’s Self-Acquired Property" date: 2026-07-27 author: "King Stubb & Kasiva" url: https://ksandk.com/news/birthright-in-self-acquired-property/ --- # Asha Kiran Sharma Explains Why Children Do Not Automatically Acquire Birthrights in a Father’s Self-Acquired Property Posted On - 27 July, 2026 • By - King Stubb & Kasiva ![](https://ksandk.com/wp-content/uploads/birthright-in-self-acquired-property.jpg) *Featured in ET Wealth Online* Asha Kiran Sharma, Partner at King Stubb & Kasiva, was recently featured in ET Wealth Online, where she provided detailed legal insights on a significant Karnataka High Court judgment clarifying the distinction between ancestral/coparcenary property and self-acquired property under Mitakshara Hindu law. Commenting on the judgment, Asha explained that the Court did not curtail a daughter’s statutory rights under the Hindu Succession Act, 1956. Instead, it reaffirmed that coparcenary rights arise only in respect of coparcenary property. “Importantly, the Court did not deny the daughter’s rights as a coparcener under the amended Section 6 of the Hindu Succession Act. Rather, it held that those rights arise only in coparcenary property. Since the properties were found to be the father’s separate properties and not ancestral/coparcenary assets, the daughter could not claim a birthright in them.” Asha further highlighted that the legal character of a property cannot be determined merely by the manner in which it was transferred. The source and nature of the transferor’s title remain the determining factors. ![](https://ksandk.com/wp-content/uploads/birthright-in-self-acquired-property.jpg) “Whether the property is ancestral or not depends not only on who transferred it, but also on how the transferor himself acquired it. The source of the title is crucial. If the father inherited property that was itself ancestral/coparcenary property and the property retained its ancestral character, descendants may acquire rights by birth.” She also clarified that where property retains its status as self-acquired, no automatic birthright accrues to the next generation. “In such a case, the children do not automatically obtain coparcenary or co-sharer rights.” Illustrating this principle, Asha noted that even where a father transfers his self-acquired property to his son through a gift, the property’s legal character ordinarily remains unchanged. “If a father gifts his self-acquired property to a son for the son’s exclusive benefit, the property generally remains the son’s separate property. The son’s children do not automatically acquire rights in it by birth.” The judgment reinforces a long-standing principle under Hindu succession law that inheritance rights depend upon the legal character of the property rather than familial relationship alone. It also provides valuable clarity for families, property owners, and legal practitioners dealing with succession planning and partition disputes. Read the full article here: [https://economictimes.indiatimes.com/wealth/legal/will/children-can-not-have-birthright-to-fathers-self-acquired-property-even-if-he-got-it-via-gift-will-family-arrangement-or-partition-in-this-case-know-what-mitakshara-hindu-law-says/articleshow/132474151.cms?from=mdr](https://economictimes.indiatimes.com/wealth/legal/will/children-can-not-have-birthright-to-fathers-self-acquired-property-even-if-he-got-it-via-gift-will-family-arrangement-or-partition-in-this-case-know-what-mitakshara-hindu-law-says/articleshow/132474151.cms?from=mdr)  *Last Updated on 27 July, 2026* Get King Stubb & Kasiva’s legal updates in your Google feed[![Add King Stubb & Kasiva as a preferred source on Google](https://ksandk.com/wp-content/uploads/google_preferred_source_badge_light_en@2x.png)](https://www.google.com/preferences/source?q=https://ksandk.com/) --- ## Office Locations - [New Delhi](https://ksandk.com/locations/top-corporate-law-firm-in-delhi/) (HQ): +91-11-41318190 | info@ksandk.com - [Mumbai](https://ksandk.com/locations/top-corporate-law-firm-in-mumbai/): 3 offices (Nariman Point, Lower Parel, Andheri) | mumbai@ksandk.com - [Bangalore](https://ksandk.com/locations/top-corporate-law-firm-in-bangalore/): bangalore@ksandk.com - [Chennai](https://ksandk.com/locations/chennai/): chennai@ksandk.com - [Hyderabad](https://ksandk.com/locations/hyderabad/): hyderabad@ksandk.com - [Pune](https://ksandk.com/locations/pune/): pune@ksandk.com - [Kochi](https://ksandk.com/locations/kochi/): kochi@ksandk.com ## Contact - [Contact Page](https://ksandk.com/contact-us/) - General: info@ksandk.com | +91-11-41318190 - WhatsApp: +91-7428567444 - [Privacy Statement](https://ksandk.com/privacy-statement/) - [Terms of Use](https://ksandk.com/terms-of-use/)