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Under Hindu Succession Act:

• The Grandson/ Grand daughter does not have right to inherit or can claim any share over the Grandfather’s property, if their father or mother are alive.

• The Grandson/ Grand daughter can not claim the share of his/ her predeceased father, when the father dies before the demise of Grandfather.

The Supreme Court passed an order on 22nd November 2019 in

Radha Bai vs. Ram Narayan

” The consistent view of this Court, including of three Judge Bench, is that “Grandson or grand daughter is clearly excluded from heirs in Class I”

When grandchild can claim:

• The grandson / grand daughter can claim his/ her father’s share over grandfather’s property, when complied with two conditions:

1. The father should have deceased after the demise of grandfather and
2. in the absence of any testamentary document i.e. will or gift