The general law of inheritance and succession can easily be referred to The Indian Succession Act, 1925. Under this Act every Individual is entitled to inherit the property on the death of a person. Hindus, Sikhs, Jains, Buddhists and Muslims as they are governed under separate personal laws of succession. As for the persons of different faiths and religion other than Hinduism and Mohammedan, the Indian succession Act, 1925 applies. The Hindu Succession Act, 1956 governs the Hindus, Sikhs, Jains, and Buddhists for the non-testamentary or intestate succession/inheritance. As per Hindu Succession Act, 1956, the property of a Hindu male dying intestate devolves, equally on his sons, daughters, widow and mother, the class I heirs. Property inherited by a Hindu from his Father, Grandfather or Great Grandfather, is called ancestral property. Any undivided property that passes to the descendants unto four generations of male lineage is called ancestral property. The right of the grandson to a share in this property accrues by birth itself. The rights in the Ancestral properties are determined on the basis of per stripes and not per capita.The self-acquired intestate property of the Hindu male/female (deceased) is only be inherited by his/her class I heirs i.e. sons, daughters, children of predeceased son or daughter and the surviving spouse. The grandchildren have no right to inherit or claim any share in the property of the grandparents if their own father or mother are alive. The grandchildren do not have a birthright on the self-acquired property of the grandparent. In case there are no class I heirs, then the property gets transferred to the class II heirs that includes the grandchildren. Grandchildren cannot claim any part in the self-acquired property of their grandparents if it had been agreed to their father in the family partition in theability of a lawful heir and not as a coparcener under the Hindu Succession Act, 1956.In case the property is an ancestral property, the grandchild can file a civil litigation for declaration and partition along-with petition for interim relief. Rights protected by law cannot be denied. The grandparents can transfer their property to any child they desires. If the Grandfather dies without making any will, then only his immediate legal heirs primarily the class I heirs i.e. wife, son and daughter will have right to inherit the property of the deceased. The properties inherited by the wife, son and daughter of the deceased would be treated as a personal property of those who inherit the same, no one else has any right to claim any share in the property inherited by the above heirs.In case any son or daughter of the grandparents dies before their death, then the legal heirs of the predeceased son or predeceased daughter will get the share which the predeceased son or daughter would have got.The grandchild is entitled to get the share of his/her predeceased father only but if the father is alive then she/he is not entitled to any share.After 2005 amendment to Hindu succession Act, 1956 all the daughters have equal right in the parental property in the same manner as that of a son. Likewise, after the death of the daughter her undivided share in ancestral property shall devolve upon her sons.A property cannot be considered as an ancestral property if it was gifted by a father to his son. Therefore, a grandchild cannot claim his share in the property which was gifted to his father by his grandfather. The property which a son or a daughter receives as a gift from their father becomes their self-acquired property. In such cases, the grandchildren have no legal right in the property gifted by their grandfather to his son or daughter. Such a property is considered as self-acquired property unless a clear intention of the grandfather to make it an ancestral property.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.