Hindu Person Cannot Claim Share in Grandparent's Property During Lifetime of Parent, Says Delhi High Court; Rejects Woman's Suit Against Father and Paternal Aunt
The Delhi High Court said that a Hindu person cannot claim a share in the property of their grandparent during the lifetime of their parent. The high court bench of Justice Purushaindra Kumar Kaurav observed while rejecting a suit filed by a Hindu woman against her father and paternal aunt, seeking partition of a property left behind by her deceased grandfather.
Recently, the Delhi High Court said that a Hindu person cannot claim a share in the property of their grandparent during the lifetime of their parent. The high court bench of Justice Purushaindra Kumar Kaurav cited Section 8 of the Hindu Succession Act, 1956, which stipulates that in case a male Hindu dies intestate, leaving behind relatives/ heirs specified in Class I of the Schedule, his property shall devolve on the said relatives/ heirs "to the exclusion of all other persons". "It is pertinent to note that grandchildren, who are not children of a predeceased child, are not included in the list of Class-I heirs," the court said. The Delhi HC observed while rejecting a suit filed by a Hindu woman against her father and paternal aunt, seeking partition of a property left behind by her deceased grandfather. ‘Don’t Shout at Me’: Heated Exchange Takes Place Between Senior Lawyers Mahesh Jethmalani and Rajiv Nayar in Delhi High Court, Video Surfaces.
Grandchildren Are Not Included in the List of Class-I Heirs, Says Delhi High Court
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