Person has no claim in grandpa's property held by dad, says SC

NEW DELHI: Can a grandson claim a share in property inherited by his father from his grandfather? Supreme Court has ruled that a person becomes the absolute owner of his share in his father's ancestral or self-acquired property and can deal with it exclusively, including excluding his sons. Ending a 29-year legal battle, a bench of Justices Augustine George Masih and Sunita Agarwal rejected a son's plea for partition of his father's property. The son had filed the suit in 1997, claiming the property was ancestral or joint family property. The court said a son's son is not listed as a Class I heir under the Hindu Succession Act and cannot claim a share in his grandfather's property. Referring to Section 8, which lays down succession rules when a Hindu male dies intestate, the bench said a son becomes the absolute owner of property inherited from his father, while his own son has no right by birth over it. SC said Class I heirs inherit simultaneously, to the exclusion of all others. "A son's son is not mentioned as an heir under Class I of the Schedule, and, therefore, he could not get any right in the property of his grandfather," it said. It added that 1956 law did not preserve right under personal Hindu law of a grandson to claim a share in his grandfather's property during his father's lifetime. Sec 8 must be read as a self-contained provision governing devolution of property of a Hindu male dying intestate, it said.

Citing SC judgements, the bench rejected the argument that a son inheriting property under Section 8 holds it as karta of his undivided family. Such an interpretation would create two classes among Class I heirs, treating property as joint family property for male heirs but not female heirs, it said. The express wording of Sec 8 must prevail. Upholding HC's order, the bench said a grandson cannot seek partition of property held by his father. The high court had ruled that when a son or daughter receives property through partition, whether ancestral or self-acquired, they become absolute owners of their shares and can deal with them exclusively, including excluding their sons.