Can I claim my mother’s renounced share of my grandmother’s property?

My maternal grandmother has three daughters, including my mother. My mother has chosen to renounce her share of my grandmother’s property, which includes a significant business and several real estate assets. As a result, my grandmother is dividing the assets between her remaining two children. However, I do not support my mother’s decision. If she renounces her share, do I have any legal right to claim it?

-Name withheld on request

Based on the information provided, your mother’s renunciation of her share in your maternal grandmother’s property transfers her entitlement to the remaining beneficiaries in accordance with your grandmother’s wishes or applicable inheritance laws in India.

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Legally, when a person renounces their share, it is typically redistributed among the remaining heirs. As a grandchild, you do not automatically inherit your mother’s renounced portion.

Indian succession laws vary by religion (e.g., the Hindu Succession Act, 1956, or Muslim Personal Law) but generally prioritize direct heirs over grandchildren unless specified in a will or gift.

While the 2005 amendment to the Hindu Succession Act grants daughters equal rights in ancestral property, it does not prevent them from renouncing their share. Your potential inheritance would stem from your mother’s estate rather than directly from your grandmother’s assets.

Neha Pathak, Head of Trust & Estate Planning at Motilal Oswal Private Wealth.