Grandson has no right in grandfather’s land

In a recent ruling, the Rajasthan High Court has determined that a grandson does not have any standing to challenge the sale of his late grandfather's land under the Hindu Succession Act. This decision stems from the fact that the land passed to the three sons of the grandfather, who are still alive, under the Act. Consequently, the grandson cannot claim any ancestral rights over the land as it is now considered part of the sons' self-acquired inherited property.

The case began when the grandfather passed away intestate in 2004, leaving his three sons as the Class-I heirs under the Hindu Succession Act of 1956. On April 17, 2025, the eldest son, Khetaram, sold the land to a buyer from Madhya Pradesh, without consulting his grandson, Devaram, who consequently filed a lawsuit. The High Court ruled against Devaram primarily because he failed to provide evidence of any legal share in the land that would allow him to contest the sale.

The Court emphasized that an individual's coparcenary claim cannot simply be based on blood relation or the fact that the land once belonged to a grandfather; it must be explicitly pleaded and demonstrated that the property held that status. According to Section 8 of the Hindu Succession Act, when a Hindu male dies intestate, his property is distributed among his Class-I heirs individually, as in this case.

The Court also noted that Devaram could only claim a birthright in the land if it had remained coparcenary property, which did not occur. Additionally, the High Court held that Devaram's claim to cancel the sale deeds required first establishing his khatedari right in the land, a matter that falls under the exclusive jurisdiction of the revenue court. Since Devaram did not obtain such a declaration, his lawsuit was deemed not maintainable.