Grandchildren's Rights in Grandfather's Property
Team SoOLEGAL 28 Aug 2023

Grandchildren's Rights in Grandfather's Property

The grandfather's property rights to his grandchildren depend on the inheritance legislation, which is not unified in India. The grandfather's property type, management, whether self-acquired, ancestral, or jointly owned, and whether a will is created for self-acquired property are also factors to consider.

Laws of Inheritance and Succession in India

The laws of inheritance vary among different religious communities, including:

  • Hindu Law: The Hindu Succession Act of 1956 governs inheritance in Hindu law, ensuring equal distribution of joint and separate property among sons and daughters.
  • Muslim Law: In Islam, inheritance is governed by the Quran and Hadith, involving a complex, fixed-proportional division of the deceased's property among male and female heirs.
  • Christian Law: The Indian Succession Act of 1925 governs inheritance among all Christians in India, following the principle of intestacy, which distributes property among legal heirs.
  • Sikh Law: The Sikh Gurdwaras Act of 1925 governs inheritance among Indian Sikhs, ensuring equal distribution of property among sons and daughters.

Grandchild's Right to the Self-Acquired Property of the grandfather

According to the Hindu Succession Act of 1956, if a parent obtains self-acquired property in a family division as a legal successor and not as a co-owner, the grandchild has no birthright in it. The property can be inherited in whatever way the grandfather sees fit.

If a grandfather dies without a will, only his spouse, son(s), and daughter(s) will have the legal right to inherit the property he left behind. The properties inherited by the decedent's wife, son(s), and daughter(s) are considered personal property of those who inherit them, and no one else has any title to a part of the property in question.

The grandfather's property passes to the legitimate successor of the deceased son or daughter, while the grandson is only entitled to grandson rights after the grandfather's death and his immediate successors.

Grandchild's right to the grandfather's family property

Hindu ancestral property is acquired from a father or father's father, with the right to a share granted by birth. This inheritance is divided into smaller sections among generations, with each generation's share determined first. Grandchildren have equal shares and can file a civil case for declaration and division. The grandfather's death does not guarantee the right, and each piece of property is distributed among subsequent generations.

When is a grandchild entitled to the property of a grandfather through a will?

A will can be drafted by any responsible adult, with a testator being someone who makes a will. Only if the grandfather specifies that the grandchild will be a beneficiary before passing away will the grandfather's property rights be transferred to the grandchild. If the grandfather dies without a will, succession is determined by succession rules, such as the Hindu Succession Act, 1956.

When may a grandchild inherit from their grandfather without a will?

The Hindu Inheritance Act 1956 governs estate inheritance in cases of a deceased Hindu's death. If the parent dies before the grandfather, the grandfather's property rights to grandchildren are transferred, ensuring an equal distribution among the grandchild and their siblings without specifying any other ratio.

The Different Property Was Handed Down from a father and a grandfather:

1. If the inherited property belongs to an ancestor, the grandchildren and his father have equal rights to it. However, the child will not get ownership of the father's belongings until after his death.

2. A parent may exclude a child from his or her property, but a grandchild may not be excluded from the property of their grandfather's ancestors.

3.After the death of his father, a grandchild may only inherit his grandfather's self-acquired property. Following the father's death, the grandfather's share will be transferred to the grandchildren immediately.

What Happens If the Issue Is Not Immediately Fixed?

In today's India, family property disputes are prevalent. Individuals from various socioeconomic levels of society engage in court conflicts over property, whether from affluent or low-income households. Disgruntled beneficiaries may challenge even the most ironclad will, and if the courts do not resolve the matter, it may go on for a long time. As a result, it is critical to address the issue as soon as possible with an expert property lawyer who can guide you through the legal procedure and aid you in recovering your portion of the property promptly and efficiently.


When is a grandchild or grandson entitled to the grandfather's property?

In the instance of ancestral possession, a grandson has the right to use the land that belonged to his grandfather by right of ancestry. It has nothing to do with the death of his father or grandfather. Since birth, a grandson has had a portion of his grandfather's estate. Each piece of property is further divided among the next generations. For example, if the grandfather's father received 50% of the inheritance, the grandchildren would each receive 25%.

Self-purchased real estate is a self-acquired asset that is passed down through a will or succession rules. The distribution of the property is determined by whether the deceased has left a will or not. If there is no will, the grandfather's property rights will be determined by the present law.

Factors Affecting Grand Children's Inheritance Rights

The variables that influence grandchildren's inheritance rights differ depending on jurisdiction; however, some common aspects include:

Will and Estate Planning: If grandparents have drafted a will or trust, it may include instructions on how their assets should be divided, including whether or not grandchildren should inherit.

Probate Laws: If a grandparent passes away without leaving a will, their property will be divided in accordance with the laws of the state where they reside. Some jurisdictional laws prioritize specific heirs above grandchildren, including spouses and children.

Adoption Status: Adopted grandkids may have different inheritance rights than their biological counterparts.

Relationship with the Deceased: The grandchild's relationship with the deceased may have an effect on their entitlement to inherit. For instance, some jurisdictions have rules that allow grandparents to disinherit their grandchildren if they are not related to the dead.

Intestate Succession Laws: Laws governing intestate succession will be used to disperse the grandparent's estate if they pass away without leaving a will. These laws can favor certain heirs over others and differ depending on the jurisdiction.

Ø  The Supreme Court ruled in the case of Commissioner of Wealth Tax, Kanpur and others v. Chander Sen and Others (1986) that Class-I heirs from an intestate can make their son an absolute owner of their property, despite their son having no birthright. In the case of N. Ramachandran v. E. Varadarajan and another (2007), the High Court of Madras held that if two sons inherit a father's self-acquired property, the grandson has no right in the property.

 Blended Families: If the grandmother was a member of a blended family that had offspring from many marriages, the grandchildren's inheritance rights may be impacted.

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