Can grandson claim grandmother property?

There are several rules and laws which have come into place in order to decide what can be done with the property which is due to be inherited. Many people are aware of the inheritance laws when it comes to the ancestral property transfer from grandfather or father. But what do we know about ancestral property rights grandchildren enjoy and what are grandmother property rights to grandchildren? I know it's a fix, but fret not, I can help you out with this.

Ancestral property rights grandchildren enjoy

In Hindu Succession law, grandchildren have a share in the ancestral property and they enjoy this right by birth. An ancestral property is a property which is passed on to the successor for up to 3 generations. Once the ancestral property is divided amongst successive generations, it turns into self acquired property of each individual who gets the share.

Read more about what is ancestral property here

Can grandson claim grandmother property?

Grandchildren enjoy the rights on ancestral property whereas when it comes to grandmother’s property, in Hindu households if there is a will in place then the distribution of property is done based on that will by the executor or court.

If your grandmother dies intestate then the division of property will be based on the legal heirs as defined by Hindu Succession Act. The legal heirs as per class 1 of the act include:

• Sons

• Daughters

• Widow

• Mother

• Son of a predeceased son

• Daughter of a predeceased son

• Son of a predeceased daughter

• Daughter of a predeceased daughter

• Widow of a predeceased son

• Son of a predeceased son of a predeceased son

• Daughter of a predeceased son of a predeceased son

• Widow of a predeceased son of a predeceased son

• Son of a predeceased daughter of a predeceased daughter

• Daughter of a deceased daughter of a predeceased daughter

• Daughter of a predeceased son of a predeceased daughter

• Daughter of a predeceased daughter of predeceased son

This is how

ancestral property rights grandchildren enjoy on their grandparent’s property.

Read more: Can grandson claim rights in grandfather's property  What is Right of Inheritance What is inheritance tax in India How to make a will for inherited property in India

I agree, but in my case. Maternal Grand mother still alive, house which was in her name she gifted to my elder sister because she looks after her. My mother already passed away and she had  got her share of land 15 years ago but not share in house and was sold out at that point of time only from her end. My another aunt ( she didn't had children and she is divorced) who is my mother's sister (i.e 2nd daughter of my grand mother) who also expired 4 years ago and had written WILL of her property of share which she got when partitioned to my elder sister 5 years ago & now the property of my aunt is already registered with elder sisters name as per WILL. So as grand son do I have rights to challenge these both cases if challenged will I get my share in these properties when my maternal grand mother still alive ? Please kindly clarify my doubts.

Yes! grandsons have the right to grand mother property after death, except if grandmother has not made any will or deed in favor of the concerned person. I hope this answers your query, about the grandson right on grandmother property.

If you have a property dispute, seek legal counsel from the experts at NoBroker

The grandsons or granddaughters have no right to inherit or claim any share in the grandmother property after death if their own father or mother is alive. The grandchild does not have a birthright to the self-acquired property of the grandparent.

I completely agree with the above-mentioned answers regarding whether can grandson claim grandmother property after death.

The granddaughter's rights to inherit the grandparent's property do not automatically end when she gets married. If her parents pass away, she will be the legitimate successor because she is still linked by blood.

However, according to Muslim law, a daughter or any female lineal descendants are entitled to receive half of a son's inheritance. The explanation is that provisions like maintenance and Mahr from the husband also exist, and they are also legally entitled to their parent's property.

I’d like to conclude my discussion here about the grandson’s right to grand mother property after death. I hope this helps:)

Read More:

How to Transfer Property from Grandfather to Grandson? Can a grandson claim rights in grandfather's property? 

Hi Buddy,

One of my friends, Aakash, lost his mother and grandmother due to some health issues. However, Aakash being the only child in the family was eager to know the grandmother property rights to grandchildren in India. We consulted a property lawyer and we learned a lot from him about the Indian property inheritance laws.

If you have a property dispute, seek legal counsel from the experts at NoBroker.

Property inheritance in India is governed by the country's succession/inheritance laws. As a result, the grandchildren's right to inherit their grandparents' property must be evaluated according to the appropriate succession legislation. 

Is grandson a legal heir?

The grandsons or granddaughters have no right to inherit or claim any portion of their grandfather's or grandmother's property if their own father or mother is still alive. The grandchild does not have a birthright to the self-acquired property of the grandparents.

Furthermore, regarding the inheritance rights of grandchildren in India, I would like to add that if the grandmother's self-acquired property has been assigned to his mother in a family division in her role as legal heir and not as a coparcener under the Hindu Succession Act 1956, the grandchild has no birth claim in it. The grandmother has the option of transferring the property to anybody she wants.

If the Grandmother passes away without making a will, only her immediate legal heirs, such as her husband, son(s), and daughter(s), will be entitled to receive the property she leaves behind.

Because the properties inherited by the deceased's sons and daughters are recognised as personal property of individuals who inherit them, no one else has a claim to a share of the property.

If any of the grandmother's sons or daughters die before she does, the lawful heir of the predeceased son or daughter receives the portion that the predeceased son or daughter would have received.

I hope this clarifies your query about the grandson property rights India.

Grandchildren rights on ancestral property

Along with the father, the granddaughter and grandson enjoy an equal portion of the ancestral property. If the grandfather's property is self-acquired, the grandson or granddaughter will only be able to inherit if the father dies before the grandfather.

I would like to conclude my answer here about the grandmother property rights to grandchildren in India. I hope this helps:)

Read More:

Can Grandson Claim Rights In Grandfather’s Property?