Hindu Person Cannot Claim Share In Grandparent's Property During Lifetime Of Parent: Delhi High Court

The Delhi High Court has ruled that a Hindu person cannot claim share in the property of their grandparent, during the lifetime of their parent.Justice Purushaindra Kumar Kaurav cited Section 8 of the Hindu Succession Act, 1956 which stipulates that in case a male Hindu dies intestate, leaving behind relatives/ heirs specified in Class I of the Schedule, his property shall devolve on the said relatives/ heirs “to the exclusion of all other persons”.“It is pertinent to note that grandchildren, who are not children of a predeceased child, are not included in the list of Class-I heirs,” the bench observed.It thus rejected a suit filed by a Hindu woman against her father and paternal aunt, seeking partition of a property left behind by her deceased grandfather.The Plaintiff-woman argued that the property was ancestral having been self-acquired by her grandfather and would thus devolve upon her.On the other hand, the defendants— father and aunt, claimed that upon their father's death, the property devolved solely on them under Section 8 of HSA and therefore, the plaintiff cannot claim to have any right.The High Court observed that prior to the enactment of the HSA, property inherited by a person from his father, father's father, or father's father's father would be ancestral property in his hands and thus, a right to a share in the same would vest in his son, the moment he is born. However, it clarified that the enactment of the HSA brought about a drastic change in the law relating to intestate succession amongst Hindus in India and now, the property inherited by Class I heirs becomes their absolute property and not joint family property..“If Section 8 is correctly appreciated, the suit property cannot be deemed to have devolved on the plaintiff upon the death of her paternal grandfather, her father being alive at the time of death of the grandfather…the share of defendant no. 1 (plaintiff's father) in the suit property is his absolute property, and the plaintiff does not have any right in the same. The right asserted by the plaintiff is not recognized by the rules of succession as per Section 8 of the HSA,” the Court held and rejected the suit.Also Read: Grandchildren Are Excluded From Deceased Muslim Man's Estate Only If He Has Surviving Son/Daughter: Delhi High CourtAppearance: Aparna Jain, Adv for Plaitniff; Mr. Vineet Jindal, Ms. Urvashi Parkash, Ms. Richa Pandey and Ms. Akshita Thakur, Advs for D-1 and 2.Case title: Kritika Jain v. Rakesh JainCitation: 2025 LiveLaw (Del) 1118Case no.: CS(OS) 679/2024Click here to read order

Hindu Person Cannot Claim Share In Grandparent's Property During Lifetime Of Parent: Delhi High Court

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