New Delhi. The Supreme Court has given an important decision regarding the grandson's claim on his grandfather's property. In the Supreme Court, the bench of Justice Augustine George Masih and Justice Sunita Aggarwal has said that a father can exclude his son from inherited property. The Supreme Court said in the judgment that a person is the sole owner of his share in his father's ancestral or self-acquired property. He can assert his rights on that property. He can also keep his sons out of this property.
This case was filed by a person in the year 1997. It was claimed that the property was ancestral or joint family property. The Supreme Court said in the hearing that under the Hindu Succession Act, the grandson is not considered a Class-1 heir. Because of this he cannot claim a share in his grandfather's property. Citing the example of Section 8 of the Act, the court said that the son becomes the sole owner of the property inherited from his father. Whereas, his son has no right by birth on his grandfather's property. The Supreme Court said that Class-1 heirs become entitled to the property simultaneously. No one else gets any rights while they are there.
The Supreme Court Bench said that there is no mention of grandson as heir in Class-1 of the Schedule of the Act. Because of this, the grandson cannot get rights in the grandfather's property. The Supreme Court said that under the Act of 1956, under Hindu Personal Law, the grandson has not got the right to ask for a share in his grandfather's property while his father is alive. The Court said that Section 8 of the Act should be read as an independent provision. Which regulates the transfer of property of a Hindu male who dies without a will.