The Supreme Court of India has clarified that a grandson does not automatically acquire a right by birth in property that his father receives from his grandfather under the Hindu Succession Act, 1956. Even if the property was originally ancestral, the grandson cannot claim a share merely because it once belonged to his grandfather.
In J. Rajesh (Minor) through his mother and natural guardian J. Gomathi v. M. Kumaran (Dead), the Court held that property devolving upon a Hindu male under Section 8 of the Hindu Succession Act is held by him in his individual capacity.
It does not automatically become Hindu Undivided Family (HUF) property in relation to his own children.
What was the case about?
The dispute concerned a property originally belonging to N. Ramakrishnan, the grandfather of the appellant, J. Rajesh.
After Ramakrishnan’s death, his legal heirs became entitled to the property under Section 8 of the Hindu Succession Act, 1956. A partition suit was filed by one of his daughters in 1993. Under a compromise decree dated 3 February 1994, a portion of land measuring 1,811 sq. ft. was allotted to Rajesh’s father.
Rajesh was born on 6 January 1994. His father subsequently sold the property through two sale deeds dated 3 April 1997 and 17 April 1997.
Rajesh, through his mother and natural guardian, filed a suit seeking partition and possession of half the property. He argued that the property was ancestral and that he had acquired a right in it by birth.
The trial court initially granted a preliminary decree for partition. However, the decision was overturned by the appellate court and subsequently challenged before the Supreme Court.
What did the Supreme Court say?
The Supreme Court dismissed the appeal and upheld the High Court’s decision.
The Court explained that Section 8 of the Hindu Succession Act lays down the rules for succession when a Hindu male dies intestate. His property devolves upon the Class I legal heirs, including his son, daughter, widow and mother.
A grandson, being the son of a living son, is not independently included in this list of Class I heirs.
The Court clarified that when the grandfather’s property devolved upon his legal heirs under Section 8, each heir acquired an individual share. Following the partition, the property allotted to Rajesh’s father became his exclusive property.
Therefore, Rajesh could not claim a share in it merely on the basis of his birth.
The Court also held that Section 6 of the Hindu Succession Act and Section 29-A of the Tamil Nadu Amendment Act, 1989, did not apply to the facts of this case.
What does this mean for you?
If your father inherits property from your grandfather under Section 8 of the Hindu Succession Act, you cannot claim a share in it merely because it once belonged to your grandfather.
The important factor is how the property devolved and the capacity in which your father received it. Property inherited under Section 8 is generally held by the heir in his individual capacity. It does not automatically become ancestral property in his hands.
However, this does not mean that you can never claim rights in property that originally belonged to your grandfather. The position can be different where the property is part of an existing coparcenary. The facts and manner of devolution matter.
So, before assuming that you have a birthright in your father’s property, it is important to understand how he acquired it and whether it was inherited under Section 8 or held as part of a Hindu Undivided Family.
Source: Supreme Court of India | Case number: Civil Appeal No. 7020 of 2012 | Judgment date: 6 November 2026
