A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under theHindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.

Are grandchildren legal heirs in India?

Inheritance rights of grandchildren: Granddaughter and grandson have an equal share in the ancestral property along with their father. In case if the property of grandfather is self-acquired, the grandson or granddaughter will have the right to succession only if the father dies before the grandfather.

Are grandchildren Class 1 heirs?

Grandchildren will not get any share in the self-acquired property of the grandfather as grandchildren are not in Class I heirs. The father, i.e. son of the grandfather who is Class I heir gets the share.

Can a grandson claim the property of a grandfather?

Anyway better consult a lawyer! No. Grandson will not surpass his father or mother for claim any share in the property of the Grandfather or Grandparents. The right to inherit and claim property of the father or parents is that of the father or mother if they are alive not their children.

Can a son claim his share in an ancestral property?

In case, the father acquired the property from grandfather as a gift, it will not be regarded as an ancestral property. A son can claim his share in an ancestral propertyeven during the lifetime of his father.

What are rights of grandson in father’s property?

He may be allowed to use the property on permission, but his parents are not under any obligation to allow him to live there. Moreover, a grandson does not have rights over the self-acquired property of his grandfather. If father gifts a property A property is not considered as an ancestral property if it was gifted by a father to his son.

Can a grand-son claim partition of father’s property?

High Court also dismissed the appeal filed against the above finding by holding grand-son has no birth right in the properties of grand-father and he cannot claim partition during lifetime of his father.