Tezzbuzz Desk -The grandson cannot claim his right by birth on the share received by his father in his grandfather's property. The Supreme Court has clarified in an important decision that under Section 8 of the Hindu Succession Act, 1956, when the grandfather's property is divided, the share received by the father becomes his personal property. In such a situation, the grandson has no birthright on that property while the father is alive.
A bench of Justice Augustine George Masih and Justice Sunita Aggarwal dismissed Tamil Nadu's J. This judgment was given in the case of Rajesh vs. M. Kumaran. The court said that if the grandfather dies without a will and his property is divided among the first class heirs, then the share received by the father ceases to be the property of the joint Hindu family. This share becomes the personal property of the father.
According to the court, the father is the independent owner of this property and is not its owner as the head of the family. Therefore, the grandson cannot claim birthright in this property while the father is alive. This decision of the Supreme Court is important in understanding the rights related to ancestral property and inheritance under Hindu Succession Law.