• Can grandfather transfer whole property to grandson through will

My great grandfather had 2 wives. 2nd wife doesn't have children's. 1st wife had 1 son. i.e my grandfather. My great grand mothers are died in 1990 & 1995 and great grandfather had died around 1975 without writing any will. 
Now all the property is on my grandfather name. Both my grandfather & grandmother are alive. 
My Grandfather has 2 son's. Elder One is my father & younger one has died before his marriage at the age of 20 years.
My father has two children's. One is mine & 2nd one is my sister. I got married and having 2 kids (1 male & 1 female). Also my sister got married and having 1 kid.
My grandfather & grand mother are intended to transfer the whole property in favor of mine upon their death. And they were ready to write a will in favor of mine.

I am having following doughts

1). Does my grand father has right to transfer the whole property to any one.
2). Does this property comes under ANCESTRAL PROPERTY or SELF ACQUIRED PROPERTY. 
3). If father or sister challenges the will, does they will get any share in this property.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear client,

Your grand father can transfer the property to any one by his will. Will may challenged by by one who claim his /her share. But if the will is registered, there are minor chance wining the case.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

1. Yes the grand father has right to transfer the property through will.

2. For grandfather it is inherited ed property further the property is not in the joint hindu property. As the grandfather was survived by the grandmother then in that case the succession happens as per the hindu succession act.

3. No they wont get any share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear,

-yes your father has full right to transfer the whole property to any one.

-This property comes under self acquired property.

-No your father or sister does not get any share it's up to your grand father whom he

want's to transfer his property.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1)grand father can execute will in your favour

2) it is not ancestral property

3)even if father or sister challenge the will chances of success are bleak

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Grand father is absolute owner and can bequeath the peropty acc. to his wish.

Personal property.

NO share.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1)If the house and agricultural land is an self acquired property, then your grandfather can transfer the property to whoever he desires.

However if the property is ancestral property then, as per the Hindu Succession Act he cannot transfer the property without your consent and your father's consent.

2) Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. In simple words if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property.

3) the grandchild (Your Father) has equal share in the same, Daughters Have Equal Rights In Ancestral Property.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

The property is inherited by your grandfather and is not duly partitioned so it becomes ancestral property. And every successor including you, your father, your sister has right on that property. And that is why he cannot make a will and give all the property to you alone.

If the will is challenged by your father or sister or both then they will get their share.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Yes.

2. Self acquired

3. No, they have no locus to challenge the will.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. It is not clear from your query as to how the property came to your grandfather. If this is his self acquired or separate property then he is free to bequeath it to anyone including a total stranger during their lifetime.

2. If the property is ancestral then your grandfather can transfer/bequeath only his own share in the property, not beyond it.

3. UNder Hindu Law a property attains ancestral character only if it remains undivided for four consecutive generations.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Your grandfather being the only legal heir and successor in interest to the properties that belonged to his father who is reported to have died intestate, your grandfather shall become an absolute owner of the property so inherited.

Therefore he has full rights over the property to dispose or transfer it to anyone of his choice and desire and in any manner.

Nobody can question his authority.

2. It becomes your grandfather's own and absolute property.

3. They can challenge, that is their own desire right, but they do not have any rights in the properties during the lifetime of your grandfather.

No legal action is also maintainable.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1) This property comes under ancestral property and your father has equal share in it and In your father share your sister has equal share in it like you.

2) So if your grandfather wants to make WILL on your name than you will get 50% of share in the of WILL and in your father's share you will get 1/3rd share means total share of land in your hand will be 50% + 16.66% = 66.66% at end of the day. If your father and sister challenge the WILL made by grandfather.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Yes, he can transfer the entire self acquired property to anyone.

2. Self acquired property. Ancestral property is one which remains undivided for four generations.

3. There must be a strong ground for challenging the will i.e., the same was obtained by fraud or the person was not in a good state of mind at the time of execution of the will.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Since the Property belonged to the Great Grand Father, the property shall remain as ancestral /inherited property, more so since he never partitioned /divided the property and the same just got mutated in grandfathers name, without any documentary records. Such property cannot be willed /gifted away to a single individual.

2. Because the property has status of "ancestral /inherited property", ALL the legal heirs of Great Grand Father shall have EQUAL RIGHTS over such property and no single person can claim on the same.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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