Delhi High Court: Grandchild Cannot Claim Share in Grandfather’s Property If Parent Is Alive

The Delhi High Court ruled that a Hindu grandchild cannot claim a share in their grandfather’s property while their parent (child of the deceased grandparent) is still alive.

Justice Purushaindra Kumar Kaurav relied on Section 8 of the Hindu Succession Act, 1956, which limits intestate succession to Class I heirs, and grandchildren are excluded unless their parent (child of the deceased) has predeceased.

In this case, a woman sought partition of her grandfather’s property, but the Court held that her father’s share was absolute and barred her independent claim.

[Kritika Jain v. Rakesh Jain & Anr.]