Grandson’s right on grandfather’s property? Delhi High Court gave historic decision, biggest confusion resolved

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It is often assumed in our society that grandchildren have direct rights over the property of grandparents. Many times disputes arise in the family regarding this. But does the law also believe the same? On this biggest question, Delhi High Court has given a decision which will remove all the confusion related to distribution of property and you must know it.

What did the court say in plain words?

Delhi High Court has made it very clear in a very important case that if your parents are alive, then you (ie grandson or granddaughter) cannot claim a share in the property of your grandparents. This is a straight and clear line, which removes many misconceptions spread in the society regarding property rights.

What was the case that led to this decision?

This decision came during the hearing of a similar case, where a granddaughter named Kritika Jain had filed a case against her own father and aunt, demanding a share in her grandfather’s property. His claim was that he should get one-fourth share in his grandfather’s property in Delhi. But the High Court rejected his petition saying that his claim was legally baseless.

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The court took this decision Hindu Succession Act, 1956 It is pronounced on the basis of which it decides how the property will be divided.

  • Who are the ‘first class heirs’?: According to this law, when a person (like a grandfather) dies, the first claim on his self-earned property passes to him. ‘First class heirs’ Is of.
  • Who is included in this list?: According to law, among the heirs of the first class His widow (i.e. grandmother) and all his children (i.e. your father/mother and uncles/aunts) Let’s come.
  • When do the grandchildren come?: Grandchildren do not appear in this list as long as their own parents are alive. In simple words, as long as the father (i.e. the grandfather’s son) is alive, the son (i.e. the grandson) does not have any direct legal right in the grandfather’s self-acquired property.

So next time whenever there is talk of property rights, remember this decision of Delhi High Court. This rule can help in resolving many property disputes within families and makes the legal position absolutely clear.