Can a grandson claim rights in grandfather?
A grandson or granddaughter does not have any birth right on the self- acquired property of his grandfather. Provided the property had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener as per the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.
If the Grand Father dies without leaving any Will:
Then only his immediate legal heir’s i.e.
- his wife,
- son(s) and
Will have right to inherit the property left behind by the Grand Father.
The properties inherited by immediate legal heirs of the deceased would be treated as Personal property. So, no one else has any right to claim any share in the same property.
If any son or daughter of the grandfather died before the Grand Father’s death:
The legal heir of the predeceased son or daughter will get only that share which the predeceased son or daughter is entitled to.
The grandchild of the grandfather shall be entitled to get share of his/her predeceased father only and only if the father is alive then she is not entitled to any share.
Uttam vs. Saubhag Singh & Ors, Civil Appeal No. 2360 of 2016
In this case, the Court summarized law that would apply to joint family property governed by the Mitakshara School, prior to the amendment of 2005 as under:
- When a male Hindu dies after the commencement of the Hindu Succession Act, 1956, his interest in the property will devolve by survivorship upon the surviving members of the coparcenary (vide Section 6).
- The interest of a male Hindu in Mitakshara coparcenary property is property that can be disposed of by him by will or other testamentary disposition. (Section 30 Explanation of the Act)
- A second exception engrafted on proposition (i) is contained in the proviso to Section 6, the interest of the deceased in the coparcenary property would devolve by testamentary or intestate succession, and not by survivorship.
- In order to determine the share of the Hindu male coparcener who is governed by Section 6 proviso, a partition is affected by operation of law immediately before his death.
- On the application of Section 8 of the Act, either by reason of the death of a male Hindu leaving self-acquired property or by the application of Section 6 proviso, such property would devolve only by intestacy and not survivorship.
In this partition, all the coparceners and the male Hindu’s widow get a share in the joint family property.
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