Sir if the property is self acquired or inherited after partition then you can make a will in favour of grand daughter she has no right in your property you can freely make a will. Further she has right only when you die intestat without will.
Sir my daughter got married 11 years back and got 1 female baby now my daugter is love affair with some guy now she is staying in grandmother house temporarily and I not interested to get divorce from her husband, if she claims properly share is she is entitled or I can be given share to my grand daughter
Sir if the property is self acquired or inherited after partition then you can make a will in favour of grand daughter she has no right in your property you can freely make a will. Further she has right only when you die intestat without will.
My daughter is telling lies hence I am not trusting, hence can I make will in the name of grand daughter her age is 9 years also she is staying in her father house
During the lifetime of a Hindu male none of his legal heirs have any share in his property. You are free to bequeath or gift your property in entirety or any part of it to your grand daughter by excluding your daughter.
Yes you can make a registered will in favour of grand daughter even she is minor, appoint an executor of the will.
Hello
The property that is yours can be given to anybody and that includes your grandchildren but if the property is ancestral then your daughter has a share in the property and hence she can claim her rights.
Regards
Dear client,
Daughter has no claim in your personal properties in your life time but only after intestate death.
You can gift or bequesth to grand daughter.
1. Assuming that it is your self acquired property, then, during your lifetime, you alone will have the right to take a decision regarding the property.
2. During your lifetime, daughter will not have any right over your self acquired property,
3. If you wish, you can give share to your granddaughter by executing a Gift Deed in her favour or you can execute a WILL in favour of your granddaughter.
If the property is yours self acquired then you can will it to your grandchild but if it is an ancestral property then your daughter has a share.
Regards
You are at liberty to execute a WILL naming your minor granddaughter as beneficiary, represented by her father as natural guardian, for your self acquired property.
It is good to make a will in your granddaughter's name with this she will be the owner of your property after your death.
However, if any of her guardian in mid wants to sell off those property for their use that will be considered illegal. For legal way they have to take courts permission where district judge will allow to sell off the property only after knowing how the property will be used for the minors benifit.
Later when your granddaughter will get major in age she will get the right to sell and use. She can sell, mortgage, gift to anyone for her use.
To Get a will is a best option
Your daughter can claim an equal share in your ancestral property.
In case of self acquired property, she cannot claim any share during your lifetime. So, you can execute a will in favour of your granddaughter.
You are at liberty bequeath property to your grand daughter
2) your daughter has no share in your self acquired property
3) only if you die intestate would daughter inherit your property
There would be no legal infirmity, if you can execute a will in favour of your granddaughter, if the property is self acquired property.
In case of ancestral property, you can only give away your share only in the property to your granddaughter
1) Yes, if the property is self owned than you are free to distribute your property to any one as per your own wish. You can easily make the WILL on your granddaughter name and registered the same WILL with registrar.
You can give your share of property to anyone whom you want to give
Make registered will in favour of your grand daughter ,
If there is any ansestral property your daughter will have her share in the property.
The daughter of your property will have shared in her father's property and in any case where the property is self acquired will can be made for the disposal of the property.
Dear Sir/Madam,
It is your property as it does not comes under the definition of “ancestral property” so you can conveniently execute a Will in the name of your grand daughter and register it. You may also execute a Gift. The rules of Will and Gift are as follows.
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The only condition is Beneficiaries under a Will cannot be its attesting witnesses. Other Rules are as follows:
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To have the flats transferred to your name or to your children’s names, either of the following may be done:
Gift: (i) With respect to the flat in which your name and your father’s name are shown as owning equal shares (flat A), your father may execute a gift deed in your favour/in favour of your children, gifting to you/them his share in flat A;
(ii) With respect to the flat in which your, your wife’s and your mother’s names are shown as each owning a one-third share (flat B), your mother may execute a gift deed in your favour/in favour of your children, gifting to you/them her one-third share.
Will: (iii) Your father may execute a Will and bequeath his share in flat A to you/your children (such a bequest to you/your children will only come into effect upon the demise of your father);
(iv) Your mother may execute a Will and bequeath her one-third share in flat B to you/your children (such a bequest to you/your children will only come into effect on the demise of your mother).
If your parents execute a gift deed as above, the provisions of section 122 of the Transfer of Property Act, 1882, must be kept in mind, i.e, a gift is considered to be valid only when (i) it is made voluntarily; (ii) it is without consideration; (iii) there has been an offer by the donor; and (iv) the offer has been accepted by the donee, and the donee actually accepts the gift. This will also apply when property is gifted to blood relatives.
Stamp duty has to be paid on a gift deed and shall be payable in accordance with the provisions of the Stamp Act applicable to the state where the property is situated. Gift deeds also have to be registered under the provisions of the Indian Registration Act, 1908, and applicable registration charges have to be paid.
In the case of a gift to a family member, the stamp paper is to be bought in the donor’s name. Also, if your children are minors and it is intended that the gift be made in their favour, please be guided by the Supreme Court judgement passed in 2003 by Justice Y.K. Sabharwal and Justice D.M. Dharmadhikari.
If your parents draw up a Will, (i) the Will has to be in writing, (ii) it has to be executed by you and (iii) it has to be attested by two witnesses. It must be noted that the beneficiaries under a Will cannot be the attesting witnesses to a Will.
There is no specified format for a Will. It could be drawn up on plain sheet of paper and handwritten by the testator.
As per section 74 of the Indian Succession Act, 1925 (Act) no technical terms need be used. However, the intentions of the testator, including the property to be bequeathed and the beneficiaries, must be clearly set out in the Will. The Will must be signed by the testator or his mark affixed thereto or signed by a person as directed by the testator and in the presence of the testator, all in the presence of at least two witnesses, each of whom must also sign the Will.
A Will is not a compulsorily registerable document under section 17 of the Registration Act, 1908, thus it is the testators choice as to whether he wishes to register the said Will. There is no stamp duty payable on a Will.
In both the cases, whether a gift deed is executed or a Will is drawn up, it would be advisable for your parents to state and acknowledge that the name of your father was added in flat A and the name of your mother was added in flat B only for convenience and that all payments have been made/are being made solely by you. This is to mitigate any challenge to your parents having gifted/bequeathed their respective shares in flat A and B.
Hello,
1) She has no share in your properties unless they are ancestral. Your self earned properties can be disposed of at will by you without inviting any legal impediments.
2) You can rent any property to your daughter of you so desire and make a Will in favour of your grand daughter.
3) You cannot prevent or intervene in your daughter fillin for divorce as she is an adult and free to take such step legally.
- As per law, if the property is an ancestral , then your daughter has equal right on the same .
- If the said property is your self acquired property, then, she has no right to claim during your lifetime, and you are free to transfer the same to your granddaughter as per your wish.
- Finally , you can give any share to your grand daughter by executing WILL or GIFT DEED in her favour.