How Can a Grand Daughter Claim Rights in Grand Fathers Property ?

In India, the laws governing the inheritance of property are governed by personal laws such as the Hindu Succession Act, 1956, Muslim Personal Law (Shariat) Application Act, 1937, and Indian Succession Act, 1925, among others. The laws vary depending on the religion and community to which the family belongs.

In general, the laws provide for the distribution of property among legal heirs, which includes children, grandchildren, and other close relatives. However, the extent to which grandchildren can claim rights in their grandfather’s property may vary depending on the specific circumstances of the case.

Here are some possible scenarios where a granddaughter can claim rights in her grandfather’s property:

If the grandfather dies without leaving a will

If the grandfather dies intestate, i.e., without leaving a will, then his property will be distributed according to the laws of inheritance applicable to his religion and community. In such cases, the granddaughter can claim a share in the property as a legal heir.

For example, under the Hindu Succession Act, 1956, if the grandfather was a Hindu and died intestate, then his property will be distributed equally among his Class I legal heirs, which includes his children (daughters and sons) and their children (granddaughters and grandsons). The granddaughter will have an equal right to the property as her father and other siblings.

Similarly, under the Muslim Personal Law (Shariat) Application Act, 1937, if the grandfather was a Muslim and died intestate, then his property will be distributed according to the rules of Shariah law, which generally provide for a share for the granddaughter.

If the grandfather gifts the property to his granddaughter

If the grandfather gifts his property to his granddaughter, then she will become the legal owner of the property, and no one else can claim a share in it. However, the gift must be valid and comply with the legal requirements for a gift.

For example, under the Transfer of Property Act, 1882, a gift of immovable property must be in writing, registered, and attested by two witnesses. The gift must also be made voluntarily and without any consideration. If these requirements are not met, the gift may be challenged and invalidated.

If the grandfather bequeaths the property to his granddaughter in his will

If the grandfather makes a valid will and bequeaths his property to his granddaughter, then she will be entitled to the property as per the terms of the will. However, if the will is challenged, then its validity and legality will be examined by the court.

For example, a will must be made by a person who is of sound mind, and it must be in writing, signed by the testator, and attested by two witnesses. The will must also be free from fraud, coercion, and undue influence. If any of these requirements are not met, then the will may be invalidated.

Some Landmark Judgements for Reference

There have been several cases where the Supreme Court of India has addressed the issue of a granddaughter’s right to claim property from her grandfather. Here are some notable cases:

• Danamma v. Amar (2018): In this case, the Supreme Court held that the Hindu Succession (Amendment) Act, 2005, which gave daughters equal rights in ancestral property, would apply retroactively to daughters who were alive at the time of the amendment. The court also clarified that the term “daughter” includes a granddaughter.

• Prakash v. Phulavati (2016): In this case, the Supreme Court held that the 2005 amendment to the Hindu Succession Act would not apply retrospectively to daughters who were married before the amendment. However, the court also clarified that a granddaughter would have the right to claim property from her grandfather even if her mother had predeceased the grandfather.

• Chinnamma v. Padmanabhan (2017): In this case, the Supreme Court held that a granddaughter would have the right to claim property from her grandfather even if her mother had died before the grandfather. The court also clarified that the 2005 amendment to the Hindu Succession Act would apply retroactively to daughters who were alive at the time of the amendment.

• Vineeta Sharma v. Rakesh Sharma (2020): In this case, the Supreme Court held that a granddaughter is entitled to a share in her grandfather’s property, regardless of when the grandfather died, as long as her father was alive when the Hindu Succession (Amendment) Act, 2005 came into force. The court held that the amendment to the Hindu Succession Act was retrospective in nature and should be applied to all daughters, including granddaughters.

• Prakash v. Phulavati (2016): In this case, the Supreme Court held that a granddaughter cannot claim a share in her grandfather’s property if he died before September 9, 2005. The court based its decision on the fact that the Hindu Succession (Amendment) Act, 2005, which gave daughters equal rights as sons in ancestral property, did not include granddaughters.

Overall, the Supreme Court has consistently held that a granddaughter would have the right to claim property from her grandfather, subject to certain conditions and limitations as provided by the Hindu Succession Act.

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