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Rakesh   23 June 2024

Hindu property succession for property purchased after death of a child

My grandfather had 3 children. Two Male and one Female Member. The female member was married in 1975, and had a child in 1976. The female member died in 1980, leaving behind 1 child.

A property was purchased in 1993, about 13 years after the female members death. This property was purchased by my grandfather and his two adult working sons.

 The grandfather had passed way without a will in 2003.

 The question arises, does the surviving son of the female member have legal right over this property which was purchased many years after the death of his mother ?

The property was purchased with the joint effort of the grandfather and his two sons, but registered in the grandfathers name.

 My opinion is that the surviving son does not have claim to this property, since his right would only be in ancestral property which was present before his mothers death. All property acquired after death of the female members would only belong the the undivided family members. The female members son would be a part of his fathers undivided family only.

 Requesting to please share your opinion on this matter.

 Thank you.


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     24 June 2024

The situation is that the property owner is reported to have died intestate hence as per Hindu succession act,  the properties left behind by the deceased shall devolve on all his legal heirs which includes the legal heirs of the predeceased legal heirs also. 

Therefore the son and the husband of predeceased female child of the deceased owner being part of the legal heirs are entitled to the share of the predeceased female legal heir.

This is no doubt not an ancestral property but it falls under succession act 

Dr. J C Vashista (Advocate )     24 June 2024

Whether the father execute any will particularly qua newly purchased property ? If no, it forms part of intestate propety and share of father shall devolve equally between 3 siblings (LRs of pre-deceased daughter) .

P. Venu (Advocate)     28 June 2024

Provisions of Section 8 read with the Schedule provides the answer. Accordingly, son of the predeceased daughter is a Class I heir, but not her husband.

Section 8.   General rules of succession in the case of males.

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:--


(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;


THE SCHEDULE [Section 8]


CLASS I - Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a predeceased son; widow of a pre-deceased son of a pre-deceased son.

Parth Chawla (Lawyer)     29 June 2024


I have read your query and would like to answer it. Let me tell you more about how a property is said to be ancestral. Ancestral property is inherited by a Hindu family, it must be undivided since four generations. The property must be passed on to the immediate four generations, basically father, grandfather, great grandfather and great great grandfather have the inheritance rights over the property. In your case there is no property which was passed on to the immediate four generations and can not be referred to ancestral property

Yes, the surviving son of the pre-deceased daughter has right over the property, as the property was in the name of your grandfather who died intestate and there is no “will” prepared by him. Section 8 of the Hindu Succession Act, 1956 provides rules for succession in case of Hindu males dying intestate, the property shall devolve as, Firstly, upon class 1 heirs.

Class 1 legal heirs include ‘son of pre-deceased daughter’.

Hope this solves your query.


Parth Chawla

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