As against the popular belief, a grandchild does not acquire any right in the property of his Grandfather or Grandmother by reason of his birth. The said concept used to prevail before the advent of the Hindu Succession Act, 1956. The position was clarified by the Hon'ble Supreme Court in its 1986 judgement of Commissioner of Wealth Tax vs. Chander Sen. The Supreme Court further stated that the 1956 Act being a progressive Act, superseded the erstwhile concept of joint family property under the Mitakshara laws. With the 1956 Act being in place, the property which a son or daughter inherits from his/ her parent is akin to his/ her own self acquired property, and during his/ her lifetime their own children remain spes successionis and nothing further. This judgement holds ground and is considered a landmark judgement in property law. A large number of litigation however continue to revolve around the same despite the judgement.
The Hon'ble Supreme Court has in catena of judgements held that no court other than a Probate Court could grant Probate of a Will. The grant of probate is final as against the entire world, subject to an appeal for revocation if made in accordance with the provisions of the Succession Act. That is an order in Rem. Accordingly, no Civil Court or an Arbitrator can exercise such jurisdiction even if such exercise has been consented by the parties to the litigation to adjudicate upon the validity of the Will. [Chiranjilal Goenka vs. Jasjit Singh, 1993 (2) SCC 507]
The user agrees that he/ she is accessing the website of DB law Offices for informational purposes only, on his/ her own volition, and has not been directed to this website unintentionally, accidentally or otherwise. Nor has the user landed up in this website as a result of any solicitation, advertisement or other promotional activity. The contents of this website is for knowledge and information only, and does not constitute any legal advice or guarantee or warranty of any sort thereof.