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Tarun B (Service)     21 June 2024

Question related to registered will

Grand mother registered her Will at Delhi, giving a portion from her property to her grand son and dividing the rest portion between her two sons,

Now, the Grand mother died in the month of April 2024 and the grandson does not want his share in the property and wants to give his share to his father,

The Will is not execute yet. Is there a way at the time of execution of the will or before the execution, if the grandson can release his share of the property in his father's name by the way of any deed, etc.

Please advise.


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     21 June 2024

Since the grandson had never had any rights in the property but he acquired it  by a testamentary disposition i.e., through a Will  that  acquired the share of property as mentioned in the Will, he has to acquire it and then transfer his share in the property to his father or mother or any other person of his choice.

Alternately all the beneficiaries can ignore the Will and can go for registered family settlement as per their mutally agreed conditions which will make an amicable settlement among themselves without bothering about the existence of the Will.

It is not mandatory that the beneficiaries have to execute the Will to acquire them and they can always choose the alternative mode if that would be convenient

Advocate Bhartesh goyal (advocate)     22 June 2024

Grandson acquired share in the property by registered will so he became absolute owner of that share and has right to transfer the same to anyone as per his choice, he can gift his share to his father through registered will.

Dr. J C Vashista (Advocate )     22 June 2024

The benficiary of will i.e., grandson may relinquish his share / property bequeathed by his grandmother in his favour. 

P. Venu (Advocate)     22 June 2024

What is the stand of the father and the uncle? Has the Will been given effect by carrying out mutation in the Revenue/Municipal records?

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