Who inherits a grandfather’s property in India?
Under Indian law, a grandson does not have an automatic right to his grandfather’s house or land. If the property is ancestral, the grandson has a right by birth as a coparcener, meaning he inherits a share through his father, who is a direct heir. For self-acquired property, the grandson can only inherit if his father (the grandfather’s son) has died; otherwise, the property goes to the grandfather’s children. So, a grandson inherits indirectly, not directly from his grandfather, except in ancestral property where rights are by birth.
Self-acquired vs. ancestral property: Know the difference
⦁Self-acquired: Bought or earned by the grandfather himself.
⦁Ancestral: Passed down through four generations in the male lineage.
Rights depend entirely on this distinction.
Who are the legal heirs when there’s no will?
If a grandfather dies without a will, his property is shared among Class I heirs: his wife, sons, daughters, and mother. The grandson does not inherit directly in this situation. He only gets a share if his father (the son) has already passed away before the grandfather. This way, the law ensures property stays with the closest living family members first.
Can a grandson claim the grandfather’s property?
⦁Ancestral Property: Yes, he has a birthright that can’t be denied.
⦁Self-Acquired Property: No automatic right unless his father is deceased and there’s no will.
What if the grandfather disowns the grandson?
If the property belongs to the grandfather and is self-acquired, he can legally decide who inherits it, including excluding the grandson. However, if the property is ancestral, the grandson has a protected right by law and cannot be disowned. Ancestral property rights are inherited by birth and cannot be taken away. This distinction ensures family property stays protected across generations.
How to claim property after grandfather’s death
With a will:
⦁Verify authenticity
⦁Apply for probate
⦁Executor distributes property
Without a will:
⦁Get a succession certificate
⦁Provide death and birth certificates
⦁Obtain legal heir certificate
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Rights of married granddaughters
Thanks to the Hindu Succession (Amendment) Act, 2005, daughters now have equal rights as sons in ancestral property. This means a daughter becomes a coparcener by birth with the same share and legal rights as a son. Even a married granddaughter can inherit her late father’s share in the ancestral property. This law has made property rights more equal for women in Hindu families.
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Maternal grandfather’s property: What the law says
Maternal property laws differ by religion:
⦁Hindus: Rights only if the mother inherits and passes it on
⦁Muslims: No ancestral concept; inheritance happens at death
⦁Christians: Equal distribution among children; grandchildren inherit through parents
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