Response
Self-acquired intestate (no will made) property of the deceased male/female Hindu is inherited in equal proportion by his/her sons and daughters, as well as the surviving spouse, according to Indian law.
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.
In a will, the grandparents can leave the property to anyone they want.
In the case of ancestral property, the grandson’s entitlement to a portion in it is inherited at birth.
This is distinct from other types of inheritance, which begin only after the owner’s death.
The portion of each generation is set first, and then succeeding generations subdivide what their predecessors inherited.
Grandsons are entitled to an equal part of an ancestral property.
If the property is owned by a joint family (HUF property), the grandchildren are entitled to a portion based on the number of members or coparceners in the joint family.
In the event of grandmother’s self-acquired property, however, no one, much alone grandchildren, has the right to inherit the grandmother’s property.
The grandmother can though distrubute the wealth and propery according to her norms in her will.
Reference: Hindu Succession Act 2005
Section6 Devolution of interest in coparcenary property. Ñ
(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005*, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,Ñ
(a) by birth become a coparcener in her own right in the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had been a son;
(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
(2) Any property to which a female Hindu becomes entitled by virtue of sub_-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition.
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LAWAYZ-2023-271
