Property Rights: Do grandchildren have a right to inherit their grandparents’ property while their parents are alive? This question arises in many people’s minds. Meanwhile, the Delhi High Court has issued an important ruling on the Hindu Succession Act.
Do grandchildren have a right to their grandparents’ property while their parents are alive? This question arises in many people’s minds. Meanwhile, the Delhi High Court has issued an important ruling on the Hindu Succession Act. The court stated that grandchildren cannot claim a share in their grandparents’ property if their parents are alive. The court issued this ruling while dismissing a civil suit filed by a woman.
A woman named Kritika had sought her share of a property in West Delhi owned by her late grandfather. Justice Purushendra Kumar Kaur dismissed the civil suit filed by the womanWhat did the court say?
The court clarified that under the Hindu Succession Act (HSA), 1956, the property of a deceased Hindu passes to Class I heirs. This includes the deceased’s wife, sons, daughters, and mother, but excludes grandchildren whose parents are still alive. The Delhi High Court, in its ruling, stated that the plaintiff, Kritika,’s entire case rests on the presumption that the property is her ancestral property.
Reference to the Hindu Succession Act
The court clarified that the Hindu Succession Act has significantly changed the law regarding intestate succession among Hindus in India. Kritika had filed a lawsuit against her father and aunt, seeking partition and a declaration that she was entitled to one-fourth of her father’s half share in the property.
The High Court ruled that Kritika’s claim was legally untenable because, according to the Hindu Succession Act, property is divided only among the grandfather’s widow and children. Grandchildren are considered first-class heirs as long as their parents are alive. The property Kritika sought a share in belonged to her grandfather.
The court clarified that, since 1956, such property is no longer considered joint family property, but is considered individual ownership. The court stated that this decision dispels the widespread misconception that grandchildren have rights to their grandparents’ property.
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