Grandson Has No Birthright in Grandfather’s Property: Supreme Court

New Delhi | Shabu Zaidi

The Supreme Court, in an important ruling on ancestral property, has clarified that a grandson cannot claim a birthright over the share of his grandfather’s property inherited by his father. According to the court, under Section 8 of the Hindu Succession Act, 1956, when a grandfather dies intestate (without leaving a will), his property is distributed among his Class I legal heirs. The share inherited by the father in this process is considered his personal property.

A bench comprising Justice Augustine George Masih and Justice Sunita Agarwal delivered the verdict in the Tamil Nadu case of J. Rajesh vs. M. Kumaran.

The court observed that the share received by the father does not remain joint Hindu family property. The father becomes its independent owner. Therefore, as long as the father is alive, the grandson cannot claim a birthright or an automatic share in that property. The ruling clarifies the legal position regarding ancestral property and inheritance rights.