MODI JOBS 27 June 2020

diet grandfather property can be gifted by grand mother and father to his grandson. it will legal or illegal. can any other II grandson or granddaughter challenge it.

I am a hindu male. my grandfather has died without any will about their self acquired property. my father is only child of my grandfather.

my grandmother is still alive. my father and grandmother wants to gift the property of grandfather to me. it is legal or illegal please guide me.
my second brother can challenge it.

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A Hindu man whose grandfather died intestate (without a will) is asking if his father and grandmother can legally gift his grandfather's self-acquired property to him. The property would legally pass to his father and grandmother as his grandfather's only heirs. They can indeed gift the property to him via a gift deed. To prevent potential challenges from his brother, it's advisable to have the brother witness the gift deed.

3 Replies

Dr J C Vashista (Advocate) 27 June 2020

Who else are other legal representatives of your grandfather to get the property in succession ?

G.L.N. Prasad (Retired employee.) 27 June 2020

It appears from the post that for intestate property of your grandfather, his wife (your grandmother) and his only child (son /your father) are only legal heirs. If they wanted to gift it to you, they may register a gift deed which is in order. If you do not wish to face problems, let your brother contribute his signature as a witness to that gift deed. Then he may not be having a chance to challenge the gift deed.

P. Venu (Advocate) 27 June 2020

Yes, on the death of the grandfather, the property is vested with the grandmother and father. They can , during their lifetime, dispose of the property at their discretion. But why this hurry in excluding your siblings?