SEKAR XXXXX (Sr Engineer) 24 November 2014

Property transfer from grandfather to grandson

My father has the land in his name. This land came from his family as part of his family settlement for the year of 1981. Now my father would like to write a will to my son. Who is 4 years old.

We have four family members in our family. Myself ,my father ,my mother and my sister. My sister got married and settled.

For writing a will to my son do we need to get the sign from my sister.

If we need to get the sign from my sister. Is there any way to transfer the property from my father to myself/my son name.

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 25 November 2014

Dear No signatures are required, rather u will be needing no objection at the time of probate.... Kapil chandna adv, 9899011450,

Advocate Ravinder (Advocate/Attorney) 25 November 2014

As it is ancestral property, the property will be divided into four parts, to yourself, your father, your mother and your sister equally. If your father wishers to transfer his right to your son, he can transfer to the extent of 1/4 share only and not more than that.

T. Kalaiselvan, Advocate (Advocate) 28 November 2014

If the property inherited by your father in the year 1981 was of ancestral nature then his share of property will again be divided among himself and his children i.e., yourself and your sisters, which means that the property will again be divided into three shares and all the three of you i.e., your father, yourself, your sister will be entitled to one sch equal share in it. If this is the fact, your father can bequeath only his share of 1/3rd share in the property inherited by him to any one he desires so by executing a Will. An executor of a Will can bequeath only that property over which he has got indisputable title otherwise the Will can be negated as invalid.

If the property inherited by your father as his partitioned share from his father then it becomes his own property which he can bequeath the same to your son for which he need not obtain NOC from you sister or even you or your mother or anyone.