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Grandson right in grand mother property
20-Jun-2025 (In Property Law)
What is the legal right of a grandson in his grand parents property when his father already died. ?
The share of your father would come to you if the partition of the property was done in the presence of your father. Also, if your grandparents would have gifted or given away their property by way of Will then it will go as per terms of those documents. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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if you are hindu then grandson have a proportionate share in property.
if property is ancestral then he entitled to get share of his father.
if property is solely purchased by grandparents then, grandparents can disposeoff of sale or anything with that property.
hope it iwll satisfy your querry
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Adv. Nikam Nitin
Nashik | 25+ Answers
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In India, if a grandfather dies without a will, his property (both ancestral and self-acquired) will be distributed among his legal heirs. If the father is deceased, the son (grandson) inherits his father's share of the grandfather's property, effectively stepping into his father's position as a legal heir. This applies to both ancestral and self-acquired property, though the rules regarding ancestral property can be more complex.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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I advise that the legal right of a grandson in his grandparents' property depends on the nature of the property—ancestral or self-acquired—and applicable personal law (assumed Hindu law here):
Ancestral Property:
If the property is ancestral (i.e., inherited up to four generations), the grandson has a birthright in his grandfather’s share.
If the father is deceased, his share devolves equally upon his legal heirs—his wife, children, and mother (if alive).
Thus, the grandson can claim his father’s share.
Self-Acquired Property:
If the property was self-acquired by the grandfather, he has the full right to dispose of it by Will or gift.
The grandson has no automatic right unless the grandfather dies intestate (without a Will).
In that case, the grandson can inherit through his deceased father’s share under Class I legal heir category.
Conclusion: The grandson has a definite right in ancestral property and a conditional right in self-acquired property depending on the grandfather’s Will or lack thereof. Legal heirship and succession certificates may be required for claiming rights.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Dear client based on your query, when a father predeceases his parents, his son may under certain inheritance laws step into his father's share, subject to the nature of the property and applicable succession rules, for relevance we can help you regarding the process and legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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