Vakil Help Desk News: the Supreme Court has held that under the Hindu Succession Act, a grandson acquires no birthright in property that devolved on his father under intestate succession and became the father's exclusive property after partition.
Vakil Help Desk News, Litigation & Courts. The Supreme Court has held that, under the Hindu Succession Act, 1956, a son's son is not a Class I heir and acquires no birthright in property that devolved on his father by intestate succession and became the father's exclusive property after partition. A bench of Justice Augustine George Masih and Justice Sunita Agarwal ruled so in J Rajesh (Minor), through his mother and natural guardian J Gomathi, v. M Kumaran (Dead) through Legal Representatives & Others, dismissing the grandson's partition suit.
The grandson had sued for a half share in land that had belonged to his grandfather, claiming it was joint family or ancestral property. The land had come to his father under an earlier compromise decree partitioning the grandfather's estate, and the father had later sold it. The decree and the sale deeds were never challenged.
The Court held that when a Hindu dies intestate, his property passes to his Class I heirs as tenants-in-common, and once partitioned it becomes each heir's exclusive property rather than joint family property. Since the grandfather had died before the grandson was born, nothing devolved on the grandson, and the coparcenary provisions did not apply. Finding no error in the High Court's view, the Supreme Court dismissed the appeal.
What this means for you
Property a father inherits from the grandfather by intestate succession and partition generally becomes the father's own — a grandson usually can't claim a birthright share in it.