Can a grandson claim share in grandfather's self-aquired property ?

660 votes

Since your grandfather died intestate, his self-acquired property will devolve as per the Hindu Succession Act. As long as your father is alive, the property first goes equally to all Class I legal heirs of your grandfather—his sons, daughters, widow (if alive). As a grandchild, you do not have a direct claim during your father’s lifetime unless your father is deceased or has relinquished his share to you. Therefore, you cannot claim a share in your grandfather’s property while your father is still alive and has not transferred any portion of his inherited share to you.

Advocate Koteshwara Rao LawRato

625 votes

In your case, since your grandfather died intestate (without leaving a will) and the property was self-acquired, the property will be distributed as per the Hindu Succession Act, 1955. Under the law, when a Hindu male dies intestate, his Class I legal heirs inherit the property. The Class I heirs include: His sons and daughters His widow His mother (if alive at the time of his death) Since your father is still alive, he is a Class I heir and will get a share in your grandfather's property. However, as a grandchild, you do not have a direct claim to your grandfather’s self-acquired property during your father’s lifetime, unless: Your father relinquishes his share in your favor, or Your father dies intestate, and then his share passes on to you as his legal heir. So, you cannot claim a share directly in your grandfather’s property while your father is alive, unless the property was ancestral. In self-acquired property, rights are limited to the direct legal heirs.

Advocate Upparapalli Shruthi LawRato