In a significant decision, the Delhi High Court ruled that grandchildren cannot inherit their grandparents’ property while their parents are alive. The court made this observation in response to a woman’s petition. Learn the full story.
Property Rights: The Delhi High Court has delivered an important ruling on the Hindu Succession Act. The court ruled that grandchildren cannot claim a share in their grandparents’ property if their parents are alive. Justice Purushendra Kumar Kaur dismissed a civil suit filed by a woman named Kritika, who sought her share in a property in West Delhi owned by her deceased grandfather.
What the Court Said on the Case
The court clarified that under the Hindu Succession Act (HSA), 1956, the property of a deceased Hindu is transferred to Class I heirs. This includes the deceased’s wife, sons, daughters, and mother. However, grandchildren whose parents are still alive are not included. The Delhi High Court stated that the plaintiff Kritika’s entire case is based on the assumption that the property is her ancestral property.
Referring to the Hindu Succession Act
The court clarified that the law regarding intestate succession among Hindus in India has undergone significant changes under the Hindu Succession Act. Kritika had filed a lawsuit against her father and aunt, seeking partition and a declaration that she was entitled to one-fourth of her father’s half share in the property.
On what grounds was Kritika’s petition dismissed?
The court also requested a permanent injunction to prevent the creation of third-party interests, arguing that the property was ancestral and therefore exempt from the provisions of Section 8 of the Hindu Succession Act. However, her father and aunt argued that under Section 8 of the Hindu Succession Act, which prescribes a clear order of succession in such cases, the property passed to them absolutely upon the death of her father (Kritika’s grandfather).
This is why the case reached the court.
The court ruled that if Section 8 is correctly applied, the plaintiff did not inherit the property after her grandfather’s death, because her father was alive at that time. Her father’s share is his absolute property, and the plaintiff has no right to it. The court concluded that Kritika’s claim was not supported by the rules of inheritance under the HSA and dismissed the suit.
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