Grandchildren's Rights in Grandfather's Property

Whether or not the grandchildren are legally entitled to the grandfather's property depends on the applicable inheritance legislation. The fact that India does not have a unified system of inheritance laws must always be kept in mind. Different personal laws regarding succession and inheritance are applicable depending on the faith.

The grandchildren's rights to his grandfather's property rely on the kind of property he owned. How the property was managed, i.e., whether it is self-acquired, ancestral, or jointly owned. When the ownership is defined, the next question is whether a will is created for a self-acquired property.

Laws of Inheritance and Succession in India

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

• Hindu Law: Inheritance is governed by the Hindu Succession Act of 1956. It recognizes both joint and separate property and allows for equal distribution among sons and daughters.

• Muslim Law: Inheritance is governed by the Quran and the Hadith. The rules of inheritance in Islam are complex and involve strict division of the deceased's property among male and female heirs according to fixed proportions.

• Christian Law: Inheritance is governed by the Indian Succession Act of 1925, which applies to all Christians in India, regardless of denomination. It follows the principle of intestacy, which means the property of a deceased person is divided among their legal heirs as determined by law.

• Sikh Law: Inheritance is governed by the Sikh Gurdwaras Act of 1925, which applies to Sikhs in India. It recognizes separate and joint property and provides for equal distribution among sons and daughters.

Property Rights of Grandchildren over Grandfather's Property

The rights of grandchildren over their grandfather's property depend on the situation, such as when the grandfather acquired the property himself or if it has been in the family for generations. Understanding how these factors affect ownership is crucial in determining the extent of their rights.

If the property is self-acquired by the Grandfather

The Hindu Succession Act, 1956 states that if a parent receives self-acquired property in a family division in his capacity as a legal successor and not as a co-owner, the grandchild does not have a birthright in it. The property may be inherited in the manner whichever the grandfather chooses.

If the grandfather died without the will, then in such case, the grandfather's spouse, son(s), and daughter(s) only will have the legal right to inherit the property he left behind. The properties that the decedent's wife, son(s), and daughter(s) inherit are recognized as personal property of those who inherit them, and no one else has the right to any share of those possessions.

The part that the predeceased son or daughter would have gotten if they had passed away before the grandfather's property goes to the son or daughter's legitimate successor. If the grandfather is still alive, the grandchild is not entitled to receive anything; they are only eligible for grandson rights in grandfather property after the grandfather's death and his immediate successors.

If the property belongs to the grandfather's family.

Whatever a Hindu acquires from his father or his father's father is referred to as ancestral property. The right to a share in such a property is gained by birth, in contrast to other inheritance, which does not take effect until the property owner dies. Calculations based on per-stirpes rather than per-capita data are utilized to determine the rights to the ancestral property. As a result, each generation's part is first determined, and then the inheritance of the following generations is divided into smaller sections.

The grandchild is entitled to an equal share if the property was inherited. He may file a civil case for declaration and division in addition to a request for immediate relief. Legally recognized rights must be respected.

The grandchild's right to his grandfather's property is inherited rights via his birth. The grandfather's demise is not a requirement for the right; it takes effect the minute the grandchild is born. Because of this, a grandchild has always received an equal share of the inheritance. Each piece of property is allocated such that it is divided further among the next generations.

In conclusion, under the Hindu Succession Act, 1956, if the property is self-acquired, regardless of whether the grandchildren are grandsons or granddaughters, they may not have an automatic birthright unless specifically mentioned in the grandfather's will. However, in cases where the property is ancestral, the grandchildren are entitled to an equal share by birthright, irrespective of whether the grandfather is alive or deceased.

What if Granddaughter is Married?

Under the Hindu Succession Act of 1956 and the Indian Succession Act of 1925, her marital status cannot affect her entitlement to her grandfather's property. Whether married or unmarried, she has the right to inherit her grandfather's property. However, the specific rights may be subject to the nature of the property, the presence of other legal heirs, and whether the deceased left a valid will.

When Is a Grandchild Entitled to the Property of a Grandfather Through a Will?

Any responsible adult is competent to draught a will. Testator is the term used to describe someone who makes a will. Only if the grandfather specified in his will that the grandchild would be a legatee or beneficiary of that portion before passing away will only grandfather's property right to grandchild be transferred, according to which grandchild will receive that particular share of his estate, property, assets, or money.

If Grandfather dies away without a legal Will, the succession will be governed by the rules of succession. For instance, the 1956 Hindu Succession Act applies only to Hindus.

When May a Grandchild Inherit From Their Grandfather Without a Will?

The Hindu Inheritance Act 1956 controls the inheritance of the estate in the absence of a will left by a dead Hindu. If the parent they are connected with dies before the grandfather, the grandfather's property right to grandchildren will be transferred. In such cases, the parent's inheritance would have gotten if they were still alive and would be divided among the grandchild and their siblings. Steps are taken to divide the estate in an equal ratio where no other ratio is specified.

The Different Property Was Handed Down From a Father and a Grandfather:

1. If the inherited property has an ancestor-related nature, the grandchildren and his father have equal rights. However, the child won't own the father's possessions until after his passing.
2. A parent may exclude a child from their property, but they cannot remove a grandchild from the property of their grandfather's ancestors.
3. A grandchild may only receive a grandfather's self-acquired property after his father's death. After the father's death, the grandfather's share will go directly to the grandchildren.

What Happens if the Issue Is Not Immediately Fixed?

Family property disputes are a common occurrence in India nowadays. Whether from wealthy families or low-income ones, individuals from diverse socioeconomic levels of society get into legal battles over property. Disgruntled beneficiaries may challenge even a will made of iron, and if the courts do not settle the dispute, it might go on for a very long time. Therefore, it is crucial to deal with the matter as soon as possible with an experienced property lawyer who can lead you through the legal process and assist you in quickly and effectively obtaining your share of the property.

When is a Grandchild or Grandson Entitled to the Grandfather's Property?

• In the case of Ancestral possession, a grandson is entitled to utilize the land that belonged to his grandfather by right of ancestry. It is unrelated to the demise of his father or grandfather. A grandchild has owned a share of his grandfather's estate from birth. Each piece of the property is divided up further among the next generations. The grandkids would each get 25% of the inheritance, for instance, if the grandfather's father got 50%.
• Real estate bought by oneself is a self-acquired asset handed on via a will or following succession regulations. How the property is allocated will depend on whether the deceased left a will behind. If there is no will, the grandfather's property rights will be decided according to the current succession law.

Factors Affecting Grandchildren's Inheritance Rights

The factors that affect grandchildren's inheritance rights vary by jurisdiction, but some common factors include:

Will and Estate Planning:

If a grandparent has created a will or trust, it may specify how their property should be distributed, including whether or not grandchildren should inherit.

Probate Laws:

The laws of the jurisdiction in which the grandparent lived will dictate how their property will be distributed if they die without a will. Some states have laws that give priority to certain heirs, such as spouses and children, over grandchildren.

Adoption Status:

If a grandchild has been adopted, they may have different inheritance rights than biological grandchildren.

Relationship With the Deceased:

The relationship between the grandchild and the deceased can also impact their inheritance rights. For example, some states have laws that may disinherit grandchildren who have been estranged from the deceased.

Intestate Succession Laws:

If the grandparent died without a will, the laws of intestate succession will determine how their property will be distributed. These laws vary by jurisdiction and may give priority to certain heirs over others.

Blended Families:

If the grandparent was part of a blended family, with children from multiple marriages, the inheritance rights of grandchildren may be affected.

How Can a Lawyer Assist You?

In cases where there is a dispute over family property, the law, and the judicial system may often become convoluted, and it becomes hard for them to understand the legal status of the property and to whom it may pass on. In such a situation, where it is difficult to determine how to handle a legal problem, and its nature, and evaluate the workings of the legal system, consulting with a property lawyer becomes essential. You may better grasp your options and get the self-assurance you need to decide for yourself what your legal course of action will be by consulting with a property lawyer and getting legal advice.

FAQs:

Q. Do grandchildren have a legal right to their grandfather's property in India?

In India, grandchildren do not have a legal right to their grandfather's property.

Q. How does the Indian Succession Act, of 1925 govern the distribution of property after the death of the grandfather?

The distribution of property after the death of a grandfather is governed by the Indian Succession Act, 1925. 

Q. Can a grandfather leave his property to his grandchildren in India?

A grandfather can leave his property to his grandchildren in India through a will or trust. However, the distribution of property to the grandchildren will be subject to the provisions of the Indian Succession Act.

Q. Are there any specific rules or laws that govern the inheritance of property by grandchildren in India?

There are specific rules and laws that govern the inheritance of property by grandchildren in India, including the Indian Succession Act, 1925 and Hindu Succession Act, 1956.

Q. Can grandchildren contest a will or trust that does not include them as beneficiaries of their grandfather's property?

Grandchildren can contest a will or trust that does not include them as beneficiaries of their grandfather's property if they believe that the will or trust was created under undue influence, fraud, or mistake.

Q. Is there any separate right for the grandson and granddaughter on the grandfather's property?

Under the Indian Succession Act, 1925, there is no separate right for the grandson and granddaughter on their grandfather's property. The distribution of property is based on the provisions of the Act, which may give priority to certain heirs over others.

About The Author:

Adv. Arunoday Devgan is founder of Devgan and Devgan Legal Consultant, having expertise in criminal, family, corporate, property, and civil law. He excels in legal research, drafting, and client interactions, and is committed to upholding justice. Arunoday completed his B.L.L. from Guru Gobind Singh Indraprastha University, New Delhi, and his M.L.L. from IILM University, Gurugram. He is also pursuing the Company Secretary Executive Level. Arunoday has participated in national moot court competitions, mock parliaments, and anchored a national arbitration conference. His debut book, "Ignited Legal Minds," focusing on legal and geopolitical relations, is set to be released in 2024. Additionally, he has completed various courses at the British Council of India, enhancing his communication and interpersonal skills.