Can Grandson Claim Rights in Grandfather's Property?

Something that I have learnt over the years is that just your birth to the world into a well-off family, owning properties doesn't guarantee you your legacy or inheritance to such property. There are many other elements that might limit your access to such property. For situations like these, it is necessary to know can grandson claim grandfather property or not.

Does grandson has right in grandfather's property?

Yes, he does. But there are a few things that you need to keep in mind.

If a grandson will have any right in the property of his granddad or not, is completely determined on the basis of the inheritance law that is applicable. I say so because, in India, there is no uniform law of inheritance applicable everywhere. Inheritance and succession are entirely dependent upon different religions followed and various personal laws. A grandson's rights in his granddad's property are additionally subject to the type of property and the way things are managed for example whether the property in question is self-acquired, is ancestral, or on the other hand on the off chance that there is a Will made for a self-acquired property.

Grandson rights in grandfather property

• As I already mentioned, a grandson's right in the property of a granddad completely relies upon the type of the granddad's property - if it is self-acquired or ancestral property.

• At the point when a property is ancestral, the grandson has the same rights as his dad on his granddad's property.

• But if the property is self-acquired, the grandson has no inheritance or birthright in the self-acquired property of his granddad.

• At the point when a granddad's property is ancestral, the grandson can't be rejected from it. He will definitely have a right to such property of his grandfather.

• At the point when a granddad's self-acquired property passes on to the grandkid, only at that time does the grandkid at any point acquire the property upon his dad's demise. In simple words, the grandson will get a portion of his grandfather's property on the basis of the share of his departed dad.

I hope I was able to explain to you can grandson claim grandfather property.

A blood relation of a grandfather and a grandson is just one generation gap relationship. It becomes quite questionable:

can a grandson claim rights in grandfather's property

or not. The answer to this question depends on the type which it belongs to. There are two types:

1. Ancestral Property

2. Self-Acquired Property.

A property can be categorized to be an ancestral one if it has been inherited up to four generations of male lineage. So to say

in this case would be positive. A grandson has a right to claim his share by birth itself.

Whereas, in the later case, the right to the grandfather’s properties are conditional. They can not claim for any right but can be passed over to them depending on the following circumstances:

• Through a will

  : The grandfather can pass forward his rights to his properties according to his choice by preparing a will. Only if he prepares the will in the grandson’s name, then only the grandson can get the rights to his properties.

  However, if the grandfather dies without a valid Will, the succession will be governed by the rules of Successions.

• If the parents die before the grandfather dies

  : Generally, in the absence of any will, the properties’ rights are given to the immediate heirs, i.e., their parents. But, if they have died before the grandfather, then the rights will be shared equally to the grandson and the other siblings.

Therefore, it can be concluded that depending on the situations, a grandson can either claim his rights over his grandfather’s properties or can get his share conditionally.

Read more:

Property inheritance and rules around property inheritance are really complex sometimes. There is always a question of who can claim his/her rights and who cannot. Anyway, since you have asked a genuine question: can grandson claim rights in grandfather’s property or not. I am going to address it here. I will be talking about ancestral property rights grandchildren have and how it is in Muslim and Christian laws.

In a diverse country like India, there are many laws and many segments of the society where customs and traditions are upheld at a higher stature. Keeping all of that in mind, the laws have been made, and amended. I am going to share with you about what I know of inheritance for HIndus, Muslims and Christians. You are free to add your valuable points here.

The ancestral property rights grandchildren enjoy in Hindu households is such that the grandchild has the rightful share in the ancestral property by birth. Unlike other succession patterns, in case of ancestral property, the inheritance opens as soon as the grandchild is born and not in the event of the death of the owner. The division of an ancestral property is such that each share gets further divided into the successive generations.

In case the property is not ancestral and it is the self acquired property of the grandfather then the grandson cannot claim his/her right. It would be upon the will of the grandfather to pass on his property after his death.

As far as I know, there is no concept of inheritance of ancestral property in Muslim or Christian laws. It is upon discretion of the property owner to divide the property according to his/her own will. If the owner dies intestate then the Muslim Succession Laws and Christian Succession Laws come in to play respectively.