Grandchildren's Rights in Grandfather's Property

Whether 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 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:

• Hindus (incl. Buddhists, Jains, Sikhs): Inheritance is governed by the Hindu Succession Act, 1956 (HSA). For Hindu joint family/ancestral property (Mitakshara), coparcenary rules apply; for self-acquired property, Section 8 and the Schedule decide who inherits if there’s no Will.
• Muslim Law: Succession follows Muslim personal law (Quran/Sunna, classical schools). There’s no coparcenary concept like the Hindu joint family; fixed shares and residuaries apply.
• Christian Law: Intestate succession is under the Indian Succession Act, 1925 (representation/per-stirpes rules allow grandchildren to take through a predeceased parent).
• 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.

Tip: Always identify (a) the personal law, (b) whether there’s a Will, and (c) whether the asset is self-acquired or ancestral/coparcenary.

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

With a Will (testamentary): The grandfather may leave his self-acquired property to anyone (including or excluding grandchildren).

Without a Will (intestate): The estate devolves upon Class I heirs under Sections 8 & 10 of the HSA—wife, sons, daughters, mother, and children of any predeceased son/daughter (i.e., such grandchildren step into their deceased parent’s shoes). If the grandchild’s parent is alive, the grandchild generally does not inherit in this round.

Key Supreme Court point

Uttam v. Saubhag Singh (2016): When ancestral property devolves on an heir under Section 8 (because the previous holder died intestate), it becomes that heir’s separate/self-acquired property for subsequent succession—grandchildren do not get a birthright in it. Read judgment

Recent reiterations

Courts have reiterated that grandchildren cannot claim a share if their parent (a Class I heir) is alive—the claim in intestacy arises only through a predeceased parent.

For a Hindu grandfather’s self-acquired assets, grandchildren inherit only if their own parent (who would have been a Class I heir) predeceased the grandfather, or if the Will gives them a share.

If the property belongs to the grandfather's family.

Birthright: In Mitakshara coparcenary, eligible descendants acquire rights by birth in ancestral property (undivided property traced in the paternal line up to four generations). After the 2005 HSA amendment and the Supreme Court ruling in Vineeta Sharma v. Rakesh Sharma (2020), daughters and sons have equal coparcenary rights by birth. Read judgment

Paternal, not maternal: Coparcenary/ancestral character generally flows through the paternal lineage. Claims via the maternal grandfather do not create a coparcenary birthright for the grandchild.

Definition note: “Ancestral” ≠ “anything old.” It is property undivided and inherited through the paternal line. Once partitioned or devolved by Section 8 on an heir, its character typically becomes separate for the next round.

 If it’s truly ancestral (paternal) and still undivided, grandchildren (grandsons and granddaughters) have a birthright share even while the grandfather is alive—because the right arises by birth.

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.

Q. Can a grandchild claim a share while their parent is still alive?

For self-acquired property without a Will—No (parent, as Class I heir, takes first). Courts have reiterated this in recent cases. For ancestral/coparcenary (paternal) property—birthright exists by virtue of being a coparcener.

Q. What about the maternal grandfather’s ancestral property?

Coparcenary birthright doesn’t flow through the maternal line. A grandchild’s claim is via the mother if she inherits, or under a Will/Gift.

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.