Son claims a share in property inherited by his father: Supreme Court rejects his claim under Hindu Succession Act

Imagine a grandfather dies, leaving behind property that passes to his children. One of his sons receives a share, but later sells it. Can that son's own child challenge the sale, claiming that the property belonged to the family and that he acquired a share in it by birth?

This question came before the Supreme Court in a dispute involving a son who sought half the share in a property inherited by his father. The case examined the difference between ancestral coparcenary property and property inherited under the Hindu Succession Act, 1956.

The dispute concerned a 1,811-square-foot plot originally owned by N. Ramakrishnan.

In 1993, Ramakrishnan's daughter, G. Lalitha, filed a partition suit to divide his property among the legal heirs. A compromise was reached on 3 February 1994 under which his son, M. Kumaran, received the disputed plot.

Kumaran subsequently sold the property to two buyers through sale deeds dated 3 April and 17 April 1997.

However, Kumaran's son, J. Rajesh, born on 6 January 1994, challenged the transaction. He sought a half share in the property, arguing that it was ancestral property and that he had acquired coparcenary rights by birth. The case was filed in 1997 in his name by his mother, who acted as his natural guardian.

A coparcener is a member of a Hindu undivided family who has a legal interest in coparcenary property, traditionally acquired by birth.

The Chennai trial court initially granted a preliminary partition decree in Rajesh's favour. However, the appellate court reversed it, and the Madras High Court upheld that decision on 11 August 2010. Rajesh subsequently approached the Supreme Court.

Section 8 of the Hindu Succession Act, 1956, lays down how a Hindu man's property is distributed if he dies without leaving a valid will. This is called intestate succession.

Under this provision, Class I legal heirs inherit the property simultaneously. These include the son, daughter, widow, and mother, among others. The son of a predeceased son is also included, but the son of a living son is not listed as a Class I heir.

Section 19 says that when several heirs inherit property, each gets a separate share. They own their respective shares individually and can deal with them independently, rather than holding the property together as one joint family estate.

On 6 November 2026, a bench of Justices Augustine George Masih and Sunita Agarwal dismissed Rajesh's appeal.

The Supreme Court held that when N. Ramakrishnan died, his property passed to his Class I legal heirs under Section 8 of the Hindu Succession Act, 1956. These included his sons and daughters. The grandson was not entitled to a direct share because a grandson is not included as a Class I heir when his father is alive.

The court explained that Section 8 lays down how a Hindu man's property is distributed when he dies without leaving a will. It also clarified that a son inheriting property under this provision does not automatically hold it as ancestral.

The bench observed, “A son’s son is not mentioned as an heir under Class I of the Schedule, and, therefore he could not get any right in the property of his grandfather under the provision.”

The bench clarified that once the partition was completed, the property allotted to Kumaran became his individual property. His son could not claim a share in it merely on the basis of birth.

The bench observed, “The right of a son’s son in his grandfather’s property during the lifetime of his father which existed under the personal Hindu Law as enforced before the Act 1956, was not saved expressly by the legislature while enacting the Hindu Succession Act, 1956.”

The court also noted that the grandfather's date of death was not available in the records. However, succession had opened before Rajesh's birth, as the partition proceedings had already begun in 1993. Rajesh was therefore not a surviving coparcener when his grandfather died.

The Supreme Court upheld the lower courts' findings that the property had become Kumaran's exclusive individual property after partition. He was therefore entitled to sell it, and his son could not claim a share merely on the basis of birth.

The bench concluded that there was no legal error in the Madras High Court's decision. It dismissed the appeal without imposing costs.

The ruling clarifies how property inherited by a father is treated under the Hindu Succession Act and why a son cannot automatically claim a share in it merely by birth.

Sheetal Goel is a Content Producer at Livemint, where she covers corporate developments, personal finance, business trends, markets, and SEBI-related updates. She focuses on simplifying complex financial concepts and presenting them in a clear, reader-friendly manner, thereby helping audiences better understand investment trends, personal finance, and market developments. Her writing focuses on making finance more accessible to everyday readers while maintaining clarity, accuracy, and relevance. <br><br> She holds a degree in Economics (Hons.) along with an MBA in Finance, which has helped her develop a strong foundation in financial analysis, market understanding, and business reporting. Before joining journalism, she worked with finance and broking firms, where she closely followed market developments, investment strategies, and evolving industry trends. This practical exposure strengthened her understanding of financial markets. She has also written content across multiple formats and platforms, including YouTube, LinkedIn, and Instagram. <br><br> Over time, she has developed expertise in covering market-linked stories, investor-focused topics, and regulatory updates in a simplified yet informative style. She also enjoys reading and listening to Hindi poetry, reflecting her appreciation for literature and creative expression beyond the world of markets and numbers.

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