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Delhi High Court Rules: Granddaughter Cannot Claim Share in Grandfather’s Property if Father is Alive under Hindu Succession Act

Court says grandchildren not listed as Class-I heirs unless their parent is deceased

Ruling clarifies property rights under Hindu Succession Act for intestate succession

By Our Legal Reporter

New Delhi, September 22, 2025:

The Delhi High Court has dismissed a plea by a woman seeking a share in her late paternal grandfather’s property, ruling that under the Hindu Succession Act, a granddaughter has no direct right to inherit if her father is alive.

The case, filed by K. Jain, revolved around a property in Delhi purchased by her grandfather, Mr. Pawan, in 1973. Mr. Pawan passed away in 1994 without leaving a will (intestate). At the time of his death, the property legally devolved to his wife (Jain’s grandmother) and his two children — Jain’s father and her aunt.

When Jain’s grandmother died in 2023, her share in the property passed to her surviving children — Jain’s father and aunt — making them co-owners. Jain alleged that both were trying to alienate the property and create third-party rights to deny her a share. She approached the Delhi High Court seeking a declaration that she was entitled to one-fourth of the property.

Court’s Reasoning: Hindu Succession Act Prevails

The court examined the matter under the Hindu Succession Act, 1956, which governs inheritance for Hindus in cases where no will is left.

Delhi High Court, while delivering the verdict, noted that Jain’s claim was based on the assumption that her grandfather’s property was “ancestral property” under the Mitakshara school of Hindu law. Under the old Mitakshara principles, property inherited by a male Hindu from his father, grandfather, or great-grandfather was considered ancestral, and male descendants acquired a right in it by birth.

However, the court clarified that the Hindu Succession Act changed this rule. Section 4 of the Act overrides any prior Hindu law interpretations, and Section 8 lays down the rules for intestate succession.

Who Inherits Under Section 8

Section 8 states that when a male Hindu dies intestate, his property first devolves upon Class-I heirs listed in the Schedule of the Act. These include:

Son
Daughter
Widow
Mother
Son/daughter of a pre-deceased son
Son/daughter of a pre-deceased daughter
Widow of a pre-deceased son
Certain other descendants of pre-deceased children

The court emphasised that grandchildren are not Class-I heirs unless their parent (the son or daughter of the deceased) has already passed away.

Since Jain’s father was alive when her grandfather died, she was not a Class-I heir and had no legal right to claim a share in the property.

Property Devolution in This Case

The court explained the chain of inheritance:

1994 – Mr. Pawan dies intestate. Property devolves equally to his widow (grandmother), son (Jain’s father), and daughter (aunt).
2023 – Grandmother dies intestate. Her share devolves equally to her surviving children — Jain’s father and aunt — under Section 15(1)(a) of the Act.
Result: Jain’s father and aunt become absolute owners of the property.

The court concluded that Jain’s father’s share is his absolute property, and she has no birthright over it.

No Cause of Action

The court also addressed whether Jain’s suit had any legal basis. Since she had no recognised right under the law, there was no cause of action for partition or injunction against her father and aunt.

The plaint was rejected under Order VII Rule 11(a) of the Civil Procedure Code, which allows dismissal when no cause of action exists.

Legal Significance of the Ruling

This judgment reinforces a key principle: In Hindu intestate succession, grandchildren cannot claim a share in their grandparent’s property if their parent is alive.

It also clarifies the difference between ancestral property and self-acquired property under the Hindu Succession Act:

Ancestral property: Rights by birth exist, but only if it has remained undivided for four generations.
Self-acquired property: The owner has full rights to decide succession, and intestate succession follows the Class-I heir list.

Similar Precedents

The Delhi High Court referred to earlier Supreme Court rulings, including Trijugi Narain v. Sankoo and Surjit Lal Chhabda v. CIT, which distinguished between joint family property and coparcenary property.

In 2024, the Bombay High Court had also ruled that a granddaughter cannot claim a share in her maternal grandfather’s property if her mother is alive, applying the same principle.

Impact on Family Disputes

Legal experts say this ruling will help reduce confusion in inheritance disputes. Many grandchildren assume they have an automatic right to their grandparents’ property, but the law is clear: only if their parent (who is the direct heir) is deceased can they step into their shoes as a legal heir.

This case also highlights the importance of making a will to avoid family disputes. If Mr. Pawan had left a will specifying his wishes, the matter would not have reached court.

Key Takeaways for Readers

Check Class-I heir list before making inheritance claims.
If your parent is alive, you generally cannot claim your grandparent’s property under intestate succession.
Understand the difference between ancestral and self-acquired property.
Making a will can prevent disputes and ensure property is distributed as intended.

Conclusion

The Delhi High Court’s ruling in K. Jain v. Father & Aunt is a clear application of the Hindu Succession Act. It underscores that succession rights are strictly governed by statutory provisions, and emotional or moral claims cannot override the law.

For families, the message is simple: know your legal rights, and when in doubt, seek legal advice before initiating litigation.