Grandson Has No Birthright In Property Devolved On Father In Partition Of Hindu Undivided Family: Supreme Court
· India · Live Law, Times of India
A three-judge Supreme Court bench ruled that a grandson acquires no independent property right in his grandfather's estate if that estate was already partitioned and devolved upon the father. The judgment clarifies that a grandson's interest in ancestral property can only arise through a partition executed before the 2005 amendment to the Hindu Succession Act, or if the grandson acquires a share by inheritance from the father. The bench emphasised that a mere claim of being a descendant is insufficient to establish a birthright over property already partitioned in favour of the father.
Why it matters
The ruling settles a long-standing ambiguity in Hindu succession law, clarifying that grandsons cannot claim a direct share in property already partitioned to their fathers, thereby finalising inheritance rights for families navigating ancestral estate divisions.
Read the original report — Live Law
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