NEW DELHI: Can a grandson claim a share in property inherited by his father from his grandfather? Supreme Court has ruled that a person becomes the absolute owner of his share in his father's ancestral or self-acquired property and can deal with it exclusively, including excluding his sons.Ending a 29-year legal battle, a bench of Justices Augustine George Masih and Sunita Agarwal rejected a son's plea for partition of his father's property. The son had filed the suit in 1997, claiming the property was ancestral or joint family property. The court said a son's son is not listed as a Class I heir under the Hindu Succession Act and cannot claim a share in his grandfather's property.Referring to Section 8, which lays down succession rules when a Hindu male dies intestate, the bench said a son becomes the absolute owner of property inherited from his father, while his own son has no right by birth over it.SC said Class I heirs inherit simultaneously, to the exclusion of all others. "A son's son is not mentioned as an heir under Class…
Person has no claim in grandpa's property held by dad, says SC
In short
The ruling by Justices Augustine George Masih and Sunita Agarwal concluded a 1997 lawsuit, affirming a high court order on inheritance laws. Under Section 8 of the Hindu Succession Act, property inherited when a Hindu male dies intestate becomes the exclusive possession of the direct heir. Consequently, a grandson is excluded from claiming a share because he is not categorized as a Class I legal heir during his father's lifetime. The bench also rejected claims that sons inherit such land solely as a family karta.
Key points
- A person who inherits property from their father becomes the absolute owner with exclusiv…: A person who inherits property from their father becomes the absolute owner with exclusive rights to deal with it.
- Grandchildren cannot claim an inherent right by birth over property inherited by their li…: Grandchildren cannot claim an inherent right by birth over property inherited by their living father under Section 8 rules.
- Treating inherited holdings as joint family property would improperly differentiate betwe…: Treating inherited holdings as joint family property would improperly differentiate between male and female successors within Class I heirs.