Can grandson claim rights in grandfather's property?

A grandson's property rights from his grandfather hinge on the type of property and its handling. This can be categorized as ancestral property, self-acquired property, or property with a specific will.

What are the property rights?

Property rights encompass the concept of who owns resources and how they can use them, both in theory and under the law. Resources can be things you can touch or ideas you cannot, and they can belong to people, companies, or governments. Private property rights or the rights of private persons to accumulate, hold, delegate, rent, or sell their property are exercised by individuals in varies countries, including the United States. In economics, property rights are the foundation of all market transactions. How a society assigns these rights directly impacts how efficiently resources are utilized.

Understanding Property Rights

Property is safeguarded by well-defined laws sustained by the government. These laws establish ownership rights and the perks tied to owning property. While the concept of property covers a wide range, legal protections can differ depending on the location. Property ownership is typically held by individuals or small groups. Patents and copyrights can be used to extend rights for the protection of:

• Limited available resources like houses, cars, books, and cellphones
• Animals or other non-human creatures like dogs, cats, fish, and insects
• Intellectual property (IP) like inventions, ideas, or words.

Other properties, like communal or government-owned assets, belongs to specific groups and is considered public. It is maintained by individuals in positions of authority, be it political or cultural leaders. Property rights grant the rightful owner the authority to exercise full control over his/ her property. This encompasses the freedom to retain ownership, engage in profitable sales or rentals, and transfer the property to another party as desired.

Laws governing ancestral properties

Property division for different religious communities in India is regulated by distinct legal frameworks. The Hindu Succession Act of 1956 governs the division of ancestral property among Hindus, Sikhs, Jains, and Buddhists. However, for Christians, the Indian Succession Act of 1925 sets the rules for property distribution. Muslims, on the other hand, follow the provisions outlined in the Muslim Personal Law (Shariat) Application Act of 1937 for property division matters. In inheritance and succession practices within Christians provides equal rights to both, men and women. Additionally, any property owned by an individual is considered their self-acquired asset, regardless of how it was obtained. No one else can lay claim to this property during the owner's lifetime. In Muslim law, there are two types of heirs: sharers and residuary heirs. The sharers have a predetermined right to a specific portion of the deceased person's property. Whereas residuary heirs inherit what's left of the property after the sharers have received their entitled shares.

Grandson's Rights in Grandfather's Property

Whether the grandson will have a right in the property of his grandfather or not, depends upon the applicable inheritance law. It is important to note that in India, there is no uniform law of inheritance in India. Succession and Inheritance are subject to various personal laws, depending upon the religion. Grandson's rights in his grandfather's property is also dependent upon the kind of property and how it is dealt with i.e. whether self-acquired, ancestral, or if there is a Will made for a self-acquired property. If someone does not have a will, the inheritance of the grandfather's property will follow the existing succession law.

Factors Affecting Grandchildren's Inheritance Rights

Inheritance rights for grandchildren can differ based on Jurisdiction, with several key factors coming into play. Some of the typical considerations include:

• Will and Estate Planning: When a grandparent makes a will or trust, they can decide how their belongings should be shared, including whether grandchildren should receive an inheritance.

• Probate Laws: When a grandparent passes away without leaving a will, the rules of the area where they lived determine how their property gets divided. In certain states, these rules may favor spouses and children over grandchildren in the distribution of assets.

• Adoption Status: When a grandchild is adopted, their inheritance rights can differ from those of biological grandchildren.

• Relationship: The grandchild's inheritance can be affected by their relationship with the deceased.

• Blended Families: In situations where a grandparent was part of a blended family, which means they had children from multiple marriages, it could potentially impact the inheritance rights of their grandchildren.

What is the Right of the Grandchild in the Self-Acquired Property of the Grandfather?

A grandchild does not have any birthright in the self-acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as a legal heir and not as a coparcener under the Hindu Succession Act 1956 . The grandfather can transfer the property to whoever he desires. If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s), and daughter(s) will have the right to inherit the property left behind by him.

Consult: Top Property Lawyers in India

As the properties inherited by the wife, son(s), and daughter(s) of the deceased would be treated as personal property of those who inherit the same, no one else has any right to claim any share in the same property. In case any son or daughter of the grandfather dies before his death, then the legal heir of the predeceased son or daughter will get the share that the predeceased son or daughter would have got. The grandchild of the grandfather shall be entitled to get a share of his/her predeceased father only but if the father is alive then she/he is not entitled to any share.

When Can a Grandchild Inherit Grandfather's Ancestral Property

A property that is inherited by a Hindu from his father, father's father, or father's father's father, is ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. Rights in the ancestral property are determined on the basis of per-stirpes and not per-capita. So, the share of each generation is first determined and successive generations, in turn, sub-divide what has been inherited by their respective predecessors. If the property is an ancestral property, the grandchild has an equal share in the same. He can file a civil suit for declaration and partition along with a petition for interim relief. Rights protected by law cannot be denied.

A grandson's right on his grandfather's ancestral property accrues by birth. The right is vested the minute the grandson is born, and it does not depend upon his grandfather's death. A grandson thus owns an undivided share of ancestral property since the very beginning. The distribution of property takes place in such a way that each share gets further divided into successive generations.

When Can a Grandchild Inherit Grandfather's Property Through a Will?

Every adult and sound individual can execute a Will. A person who writes his/her Will is called the Testator. Only and only if the grandfather has specified in his Will before his death that his grandchild will be a legatee/beneficiary of a specified share of their estate, then only will that grandchild be entitled to inherit that particular share of his grandfather's estate/property/assets/wealth. However, if the grandfather dies without a valid Will, the succession will be governed by the rules of Succession. For example, in Hindus, will be governed by the Hindu Succession Act, 1956.

When can a Grandchild inherit Grandfather's Property without a Will?

The succession of the estate is governed by the Hindu Succession Act, 1956 if the deceased Hindu did not leave behind a will. The grandfather's property can only be inherited by a grandchild if the parent through whom they are related has died before the grandparent. In such cases, the share that the parent would have inherited if they were alive will be distributed amongst the grandchild and their siblings. This share is equally divided.

Can a married granddaughter claim rights in grandfather's property?

In India, the 2005 amendment to the Hindu Succession Act, 1956, ensured that daughters have inheritance rights. This change also raises the question: Do granddaughters have the same rights in their grandfather's property as grandsons? The answer is yes, for both Hindus and under the Indian Succession Act, 1925. Even if a granddaughter is married, her rights to her grandfather's property remain intact because she is still a blood relative. If her parents are no longer alive, she can rightfully inherit the property. In Muslim law, daughters and other female descendants are entitled to inherit half of what sons receive. This is because they have a rightful claim to their parent's property, and there are also provisions for their maintenance and Mahr (dower) from their husbands.

How to Transfer Property from Grandfather to Grandson?

A grandson's entitlement to his grandfather's property is not inherent or guaranteed. It hinges on the specific desires of the grandfather. If the grandfather consents, he has the option to include the grandson's inheritance rights in his will, which will only become valid upon his demise. Alternatively, the grandfather may opt to transfer the property as a gift during his lifetime. In either scenario, the grandfather's voluntary agreement and approval are imperative.

Difference between Property inherited from Father and Grandfather

1. If the nature of the property inherited is ancestral, then the grandson and his father have equal rights. 2. A grandson has the birthright to claim a share in the property of his grandfather. The father's self-acquired property, however, shall vest in the child only after the death of the father. 3. A child can be excluded by his father from his self-acquired property, but a grandson cannot be excluded from the ancestral property of his grandfather. 4. If the grandchild is passed the self-acquired property of the grandfather, he can inherit that property only after his father dies. The grandchild shall receive the share of his father.

How can a Lawyer Help You?

At times the law and the legal procedures can get confusing and hard to understand, particularly when the issue is in regards to a dispute related to family property. In such a situation, one may not understand how to decide the legal issue, the area to which the issue relates, whether the issue requires going to court, and, how the court procedure works. Seeing a property lawyer and getting some legal advice can empower you to comprehend your decisions and can give you the assurance to empower yourself to decide your legal plan of action. An experienced lawyer can offer you expert guidance on how to deal with your property issue owing to his years of experience in dealing with such cases. A real estate lawyer is an expert on the laws related to property and can enable you to follow a strategic framework while avoiding mistakes that may cause monetary damage or will require future legal proceedings to correct. Therefore, by hiring a property lawyer an individual can ensure that he can stay away from deferral and get his share in the property as quickly as possible. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert property lawyers.

What happens if the issue is not addressed timely?

Property disputes between families are a common occurrence in India nowadays. Legal disputes over property occur among individuals at various levels in society, be it families with low-salary or wealthy families. Even a will as solid as iron can be challenged by the troubled beneficiaries and the property can be put to dispute for a long time except if settled by the courts. Therefore, it is critical to resolve the issue at the earliest opportunity with the assistance of an experienced property lawyer, who can direct you with the case and can enable you to get your share in the property in an effective and less time-consuming way. References:

• https://www.indiacode.nic.in/handle/ 123456789/2338?locale=en

• https://dolr.gov.in/en/acts-rules- policies acts/acts

• http://land.delhigovt.nic.in/wps/wcm/ connect/DOIT_Land_Building/land/home

• http://land.delhigovt.nic.in/wps/wcm/ connect/doit_land_building/Land/Home /Grievance+Redressal

• https://www.indiacode.nic.in/handle/ 123456789/1713?view_type=browse&sam_ handle=123456789/1362

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

TALK TO A LAWYER