vivaasvann (PM) 15 June 2014

Property purchased in minor son's name

My Grandfather purchased a property/house in my Father's name in 195X through a Sale deed. At that time my father was 8 years old (a minor). In 1977 my grandfather executed a registered WILL giving part of that property to his daughters and grandsons etc. Even today, the property stands in my fathers name in the registration records. My father was a major when my grandfather executed the will.

My questions are.

Since the property was standing in my fathers name in 1977, does my grandfather had any right to execute the WILL?

Is that will any Valid?

Can my father today challenge that will?

Can my father gift the same property to me since it is in his name even today?

Thanks in advance

Viva

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7 Replies

Laxmi Kant Joshi (Advocate ) 15 June 2014

If the property was purchased in your fathers name and your grandfather was The guardian in that deed , after attaining 18years of age your father became sole owner of that property your grandfather had no right to make his will for that property, his will is invalid , challenge his will in the court of probate , this property will never mutuated in the name of those persons to whom in favour of this will is made , the property will still remains in your fathers name , tell your father to occupy the property.

Adv Archana Deshmukh (Practicing Advocate) 15 June 2014

Your father can gift the property to you as he is legally the owner of the property. Keep the possession of the property with you and do not file any unnecessary cases challanging the Will unless the beneficiaries of the Will themselves do anything about it. If they file any litigation then, fight out the same on merit on the basis of the sale deed.

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Kumar Doab (FIN) 15 June 2014

Agreed with experts.

As advised by Ms. Archana let others file a case if they want.

Kishor Mehta (CEO) 15 June 2014

Sir,

Your grandfather had no business Willing the property under reference, as he is not the owner, hence the Will is not valid with relation to the property.

Your father can very well Will the property to you.

Good Luck,

Kishor Mehta

vivaasvann (PM) 16 June 2014

I thank each and every one of you, who responded to my query so quickly. Laxmi Kant Ji, Archana ji, Kumar ji and Kishore Ji bohat bohat Danyvadh.

Archana ji, i have recently got 95% of the property transfered in my name through a Settlement deed and i am in possession and control of it.

Best Regards

T. Kalaiselvan, Advocate (Advocate) 17 June 2014

Since you have already acquired the property, what is the necessity to raise this query in this forum, do you want to confirm the legality of the so called settlement executed in your favor? What about the Will, whether the beneficiaries of the Will initiated any action to possess the property based on the Will's contention or at least did they try to get a probate of the Will granted in their favor? If they are silent, do not kindle the issue yourself and lay a legal trap for yourself, remain silent.