Kritika Jain v. Rakesh Jain

Citation2025:DHC:7991
Bench1-judge
Date of Decision15 September 2025
CategoryHUF Partition
Statutes Cited["Hindu Succession Act 1956 - Sections 8, 15","CPC - Order VII Rule 11"]

Ratio Decidendi

Grandchildren whose parents are alive do not qualify as Class-I heirs under HSA 1956. When male Hindu dies intestate, property devolves only to Class-I heirs under Section 8. Granddaughter cannot inherit grandfather's property if her father survives.

Headnotes

["Grandchildren not Class-I heirs when parent alive","Section 8 devolution only to Class-I heirs","Granddaughter cannot claim while father alive","Post-1956 inherited property is self-acquired","Plaint rejected under Order VII Rule 11(a)"]

Full text not available for this judgment.

Our Analysis

Your Grandchild Can't Inherit Until You Die. Here's Why. by Ananya Deshpande · 8 April 2026