In India, whether grandchildren can claim a direct share in their grandparents' property depends on several factors, including the type of property, the presence of a will, and the laws governing inheritance in the family. The rules can vary significantly depending on whether the property is ancestral or self-acquired and whether the deceased grandparent left any instructions in a will.
This is property that has been passed down through generations and remains in the joint ownership of the family. Under the Hindu Succession Act, grandchildren have a right to an ancestral property if it is part of the coparcenary (joint family property).
If the property is undivided and still in the coparcenary, grandchildren, especially sons (in a Hindu family), have an equal right to claim their share. Granddaughters (if the law provides) may also have a share in ancestral property under the amended Hindu Succession Act, 2005.
If the grandparents own self-acquired property, the grandchildren cannot claim a direct share unless the grandparents have passed away intestate (without a will) and their children (the parents of the grandchildren) are no longer alive. In such cases, grandchildren may inherit the property through their parents’ share.
If the grandparents have willed the property to someone else, the grandchildren would only have a claim if they are named in the will.
Under the Hindu Succession Act, 1956, grandchildren can inherit ancestral property. However, their right to claim is often indirect, depending on the status of the property:
If the property is coparcenary property, the grandchildren (both sons and daughters) can claim a share after the death of the coparcener (i.e., their parent).
Self-acquired property of the grandparents can be bequeathed according to the will, and grandchildren cannot directly claim a share unless the will specifically mentions them.
In the case of self-acquired property of grandparents, grandchildren do not have an automatic right to inherit unless their parent (the child of the grandparents) is deceased and they are seeking inheritance through the parent’s share.
If the grandparents die intestate (without a will), then the children (the parents of the grandchildren) are the first legal heirs, followed by grandchildren in the absence of the children.
Grandchildren can sue for their share of the property in case of an ancestral property dispute, but not for self-acquired property unless they are the legal heirs or are directly named in the will.
In cases of ancestral property, grandchildren can file a suit for partition in the court, seeking their rightful share of the property under the Hindu Succession Act, especially if the property is still undivided.
If a grandfather passes away and leaves behind ancestral property, and the property is still part of the coparcenary, his grandchildren (especially the sons) have the right to claim their share. On the other hand, if the grandfather owned self-acquired property and did not leave a will, then only his children would be eligible to inherit. If the children are no longer alive, the grandchildren may inherit the property, but only indirectly, by inheriting the share of their parents.
Grandchildren may file a partition suit to claim their share in ancestral property. If they are part of the legal heirs and have a valid claim, they can ask the court to divide the property among the rightful heirs.
If a grandparent has made a will that excludes certain grandchildren, those grandchildren may challenge the will on grounds of undue influence or fraud, if there is any suspicion that the will does not reflect the true intentions of the deceased.
Grandchildren can claim a share in ancestral property either directly or indirectly, but not in self-acquired property unless certain conditions are met. Their right to inherit depends on whether the property is joint family property or self-acquired and whether the grandparents left behind a will. In the case of ancestral property, they can file a partition suit for a rightful share. However, for self-acquired property, they can only inherit through their parent’s share if the parent has passed away before the grandparents.
Answer By Law4u Team
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