A grandson’s/granddaughter right to grandfather’s property depends upon the applicable inheritance law. There is no uniform Law of Inheritance in India. Succession and inheritance are subject to various personal laws, depending upon religion. Let us examine a Hindu grandson’s rights in his grandfather’s property, based on the type of property and the succession rules.
Property can either be self-acquired or ancestral. Ancestral property is passed on through generationsÑthe right to inherit such property vests since birth and not depend upon the owner’s death. A self-acquired property, on the other hand, is a property which one earns oneself. The right to inherit a self-acquired property depends upon the Will of the deceased. In the absence of a will, the inheritance of a self-acquired property depends on the applicable law of intestate succession. While a grandchild or a grandson has equal rights in ancestral property, such rights do not exist in a self-acquired property. Let us see what the rights of a grandson on his grandfather’s property are.
When a Grandchild/Grandson Can Inherit Grandfather’s Property?
A grandson’s right on his grandfather’s ancestral property is by birth. It does not depend upon his father or grandfather’s death. A grandson owns a share of his grandfather’s property since birth. Distribution of property happens in such a way that each share gets further divided into successive generations. For instance, if the father inherited 50% of the property, the grandsons would inherit 25% each in their grandfather’s property.
A self-acquired property is inherited either by a will or by rules of succession. If the deceased leaves a will behind, the property is divided according to that. If no will has been left behind, then the applicable law of succession will determine if the grandson will have a right on grandfather’s property.
Reference: Hindu succession act.