Curated By: Business Desk
Last Updated: September 21, 2023, 12:34 IST
There are clear laws regarding the distribution of property in India. However, most people do not have a legal understanding and knowledge of the rules regarding rights and claims on property. For this reason, there are more property-related disputes and many people remain stuck in legal battles for years to get their rights. To avoid disputes and to get property divided quickly and correctly, every person should have detailed knowledge of the prevailing laws. Many people are unaware of who will get what share of their grandfather’s property, when, and how much. Today, let’s take a look at whether grandchildren have the right to the land or property of their grandparents.
Often, this question arises in a circumstance where a person does not leave behind a will. According to the law, a grandson has no birthright to his grandfather’s self-acquired property. Yes, the grandson has a birthright to the ancestral property; that is, as soon as he is born, his share in the property that his grandfather has inherited from his ancestors becomes confirmed. But as soon as his grandfather dies, he does not get his share. If the grandfather has purchased the property himself, then he can give such property to anyone, which the grandson cannot challenge.
If a person dies without making a will, then only his immediate legal heirs, i.e., his wife, son, and daughter, will inherit his self-acquired property. The grandson will not get any share. The property inherited by the wives, sons, and daughters of the deceased will be treated as their personal property, and no one else will have the right to claim a share of that property. If any of the grandfather’s sons or daughters died before his death, then the legal heir of the deceased son or daughter will get the share that the first son or daughter was to get.
So, if a person’s grandfather dies, his grandfather’s property will first go to his father and not to him. After this, he will get his share from his father. But if a person’s father dies before his grandfather’s death, then he will directly get a share of his grandfather’s property.
Grandson has the birthright to ancestral property. In case of any dispute regarding this, he can go to the civil court. He is entitled to this property in the same way a father or grandfather is entitled to the ancestral property inherited from his ancestors.
But, on the death of the grandfather, the ancestral property will not go to the grandson but will go to his father. He will get his share from his father only. If the father refuses to give his share of the ancestral property, he can go to court.