Summary
- The rights of grandson in the property of a grandfather depend on the nature of the grandfather’s property – whether it is self-acquired or ancestral property.
- When a property is ancestral, the grandson has a similar right to his father on his grandfather’s property.
- The grandson has no birth right in self-acquired property of his grandfather.
- When a grandfather’s property is ancestral, the grandson cannot be excluded from it.
- When a grandfather’s self-acquired property passes on to the grandchild, only then can the grandchild inherit the property upon his father’s death. The grandson will get a share of his deceased father.
A person’s birth into a wealthy family, owning real estates does not assure their inheritance to such property. There are many factors that may restrict their access to such property. Here, the question arises about the inheritance rights of grandsons/grandchildren.
Table of Contents
The rights of a grandson in the property of his grandfather
Rights of a grandson to his grandfather’s property depends on the inheritance law applicable to him. In India, there is no consistent law of inheritance. The laws of Succession and inheritance vary according to the religion. In addition to the different types of property, the rights of grandson in his grandfather’s property depend on the nature of the grandfather’s property – whether it is self-acquired or ancestral property or there is a Will made for it a self-acquired property.
Do grandchildren have a right to the self-acquired property of their grandparents?
- Suppose the grandfather’s self-acquired property is given to his father in a family partition as a legal beneficiary rather than as a coparcener. In that case, the grandchild has no birth right as a legal successor under the 1956 Hindu Succession Act. Then, it is up to the grandfather to transfer the property to whomever he desires.
- When a grandfather passes away without leaving a Will, his immediate legal heirs will inherit his property, namely, his wife, son(s), and daughter(s).
- Property inherited by the deceased’s wife, son(s), and daughter(s) is considered personal property of those who inherit it, and no one else is entitled to claim a share.
- During the grandfather’s lifetime, if any sons or daughters die before him, the legal heir will receive the share the deceased would have received.
- The grandfather’s grandson shall be entitled to get a share of their predeceased father only if his father has died, though if the father is alive, then they are not entitled to any claim.
When can a grandson inherit his grandfather’s ancestral property?
The property or land a Hindu inherits from his father, his father’s father, or his father’s father’s father is ancestral. Such a property is inherited by birth, unlike other types of inheritance, which are inherited only upon death. Property rights in ancestral property are determined on a per-stirpes basis rather than a per-capita basis. First, each generation determines its share of an inheritance, and then successive generations subdivide what has been inherited by their predecessors. The grandchild has the same share as the parents whenever the property is ancestral. A civil action can be filed along with a petition for interim relief to declare and partition the property. There are no rights that can be denied under the law.
The right of a grandson to inherit the ancestral property of his grandfather is by birth. It is vested in the grandson from the moment he is born, and it is not dependent on his grandfather’s death. As a result, a grandson owns an undivided share of ancestral property from the beginning. The distribution of property takes place in a manner where each share gets divided up among successive generations.
What are the circumstances in which a grandchild can inherit a grandfather’s property through a Will?
Any adult and sound individual can prepare and execute a Will. When someone writes a Will, they are called a Testator. For example, suppose the grandfather specifies in his Will that his grandson will be a beneficiary or successor of a particular share of his estate before his death. In that case, that grandchild will be eligible to inherit that specific share of his grandfather’s estate. It is, however, expected that if the grandfather dies without making a valid Will, then the Succession will be governed through the rules of Succession.
What are the conditions under which a grandchild can inherit a grandfather’s property without a Will?
1956-The Hindu Succession Act governs the Succession of property in the absence of a Will. It is only possible for a grandchild to inherit the grandfather’s property if their parent has died before the grandfather. As a result, the share inherited by the parents, if alive, is divided among the grandchild and their siblings. There is an equal division of this share.
What is the difference between inherited property from a father and inherited property from a grandfather?
- In the case of ancestral property, the right of grandson and right of father are equal.
- As a right of grandson, the grandson has the right to claim a share in his grandfather’s property. However, the father’s self-acquired property shall vest in the child only after the father’s death.
- A son can be excluded by his father from his father’s self-acquired property; however, a grandson cannot be excluded from his grandfather’s ancestor’s property.
- After the demise of his father, the grandchild can inherit the self-acquired property of his grandfather. In this case, the grandson receives shares from the father.
Conclusion:
In conclusion, the distribution of the grandfather’s property depends mainly on the type of property it is. The rights of grandson is by birth to the ancestral property of the grandfather, but he does not have any such right in the grandfather’s self-acquired property. A Will, however, should always be prepared in advance to avoid disputes. Therefore, it is essential to hire a property lawyer to avoid conflicts and receive your share of the property as soon as possible.
FAQs
Rights of grandson to inherit his grandfather’s property is from birth. A father can exclude his son from his self-acquired property, but a grandson cannot be excluded from his grandfather’s property, especially if the property is ancestral.
If there is no division of assets yet, the right to ancestral property arises at birth, distinct from other forms of inheritance, where the right to inheritance arises at the owner’s death. Thus, the share of every individual generation is determined before birth.
The grandson cannot claim any right to the self-acquired property of the grandfather. It is all up to the grandfather what he wishes to do with his self-acquired property. No one can raise any objection.
Ancestral Property is an individual’s inheritance from his father, grandfather, and great-grandfather. Moreover, the property must have passed undivided up to four generations.
Property acquired from one’s source of income is known as self-acquired. The property owner can choose to dispose of it as they want.
Various types of property can be inherited, including:
- Ancestral Property: Ancestral Property is the property that is inherited by a person from his father, grandfather, and great-grandfather.
- Self-Acquired Property: This includes property the deceased person purchased or acquired during their lifetime.