The Delhi High Court has ruled that grandchildren do not have a legal right to claim a share in their grandparents’ property while their parents are alive. This judgment reinforces the provisions of the Hindu Succession Act, 1956 (HSA) and clarifies inheritance rights in ancestral and self-acquired property. Legal experts note that the ruling underscores how the Act has altered traditional assumptions about automatic succession.
Case Background
The case involved a woman seeking a declaration of her entitlement to a portion of her late grandfather’s property in West Delhi. Her grandfather, who passed away in 1994 without a will, was survived by his widow, a son, and a daughter. After her grandmother died in 2023, the woman filed a partition suit, naming her father and paternal aunt as defendants, claiming a share in the grandfather’s property.
She contended that the property was ancestral and therefore exempt from Section 8 of the HSA. Her father, represented by advocate Vineet Jindal, argued that the property devolved solely on him and his sister and that his daughter had no claim while he was alive.
Court Ruling
A bench led by Justice Purushaindra Kumar Kaurav rejected the daughter’s claim. The court noted that under Section 8 of the HSA, a male Hindu who dies intestate passes his property to Class I heirs, which include his sons, daughters, widow, and mother. Grandchildren whose parents are alive are not included among Class I heirs.
The judgment clarified that the share inherited by the father constitutes his absolute property, acquired in his individual capacity, not as ancestral property. Only if the father predeceases the grandfather would the grandchildren be entitled to inherit the grandfather’s property.
“It is pertinent to note that grandchildren, who are not children of a predeceased child, are not included in the list of Class-I heirs. Therefore, the suit property could not devolve on the plaintiff while her father was alive,” the court observed. The verdict confirms that inheritance rights of grandchildren are contingent on the prior death of their parents in relation to the grandparent.
Experts say the decision reinforces the distinction between self-acquired property and ancestral property. Sunil Tyagi, Managing Partner at ZEUS Law Associates, explained that grandchildren cannot automatically claim property that their parent inherited from the grandparent. The Act ensures that Class I heirs receive property first, with grandchildren only acquiring rights if their parent dies before the grandparent.
This ruling highlights the importance of distinguishing intestate succession from claims on ancestral property. Property inherited by a legal heir under Section 8 is considered absolute and individual, and grandchildren must recognize that they cannot claim it while their parent remains alive.
The Delhi High Court’s judgment provides clarity for families navigating succession disputes under the Hindu Succession Act. It emphasizes that grandchildren must meet specific conditions, including demonstrating the creation of joint family property, to claim any share while their parents are alive.
This ruling also serves as a legal precedent in resolving conflicts regarding partition suits, reducing ambiguity in inheritance matters and ensuring that succession follows statutory guidelines. Families and legal practitioners are advised to carefully assess the status of property, the nature of inheritance, and the applicable Class I heirs before pursuing claims.
Image source- livelaw.in
.png)