Response

In this scenario, the granddaughter cannot claim any portion of the maternal grandmother’s property because the grandmother’s property was self-acquired, and because her mother died, she is no longer a coparcener or legal successor.

By birth in a Hindu Undivided Family (‘HUF’), comparable to that of a son, Section 6 of the Hindu Succession Act 1956 was changed to give legal rights and duties on females in the ancestral property. Because she is the next coparcener of her family, the mother may only claim her title to the mother’s property if the mother is still living. In this scenario, however, granddaughter does not fall under the category of legitimate heirs.

If the grandmother, on the other hand, decides to give the property to her granddaughter as a gift, she may do so. As a result, if their own father or mother is living, the grandsons or granddaughters have no right to inherit or claim any portion of the grandpa or grandmother’s property. The grandchild does not have a birthright to the grandparent’s self-acquired property.

If the property was owned by grandma and she died intestate, her estate will be divided equally among all legal heirs, including the legal heirs of the dead legal heir.

Reference: Section 8 of the Hindu Succession Act 1956, Section 6 of the Hindu Succession Act 1956
Case ref.
1.A.N. Kaul vs Neerja Kaul & Anr on 3 July, 2018
2.Deepak Aggarwal & Anr vs Shakuntala Devi on 7 February, 2019
3.M.Krishnamoorthy vs K.Pondeepankar on 28 April, 2017 – – AHG253 – 202100581 – 132 – 102 – 202100348-20210042-13024

LAWAYZ-2023-974