• Transfer of property from grandfather to grandson

My grandfather has a 4 BHK duplex house spread on ground floor and basement in Delhi. He has been residing here since partition. A leasehold registration was done in 1962 by then President of India and the property was converted into a freehold in 2002-03 after reconstruction. Currently my grandfather, parents, me and my younger brother stay at the place.

As we decided to move out, and sell the house we want to do the selling and legal proceedings in my name (the Grandson) as my father has ill health.

My grandfather has 2 children, my father and my aunt who is married and resides seperately with her family.

With god's grace my grandfather, father and aunt are alive and fine. In this case how can we transfer the property from my grandfather to myself (grandson)?
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

It is a self acquired property of your grandfather and life time interest by the nature of the property. Therefore it may be entirely gifted to you or by a WILL.

You are third generation in vertical direction to claim the property in the present matter. Had it been the case of claim by your son or daughter then it would have been Ancestral Property under the law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Do you want the transfer to be made in your favour as an absolute owner or do you want the transfer in your name only for purpose of selling the property?

If it's the first case then all other family members will have to register release deed in your favor 

If it's the second case then the other members can simply give you a POA with power to sell and receive consideration of behalf of all other co owners

This property is a HUF property and the co owners or coparcenors thereof would be your grandfather, father, aunt and grandchildren

The spouses of the coparcenors (except the aunt's husband) can also join in the sale deed as conforming parties for proper conferring of title on the buyer 

Or in the alternative all the coparcenors can execute a partition deed in which the spouses of the coparcenors (except the aunt's husband) will also be parties and would be allotted the same share as is allotted to the son/daughter. This partition deed has to be registered. Thereafter all the parties to whom a share is allotted on partition (except you) can release their shares to you vide a registered release deed

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

1. Grandfather may execute a registered Gift Deed in your favor, for his property/s and the said Gift Deed must be signed jointly as "Confirming & Consenting Parties" by all the Legal Heirs of Grandfather.

2. Grandfather shall be classified as DONOR. You will be classified as DONEE. Legal Heirs of Grandfather shall be classified as "Confirming & Consenting Parties".

3. AFTER above non of the legal heirs shall be able to challenge or dispute or stake claim in the Gifted property.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Let your grandfather gift the property to you by means of a registered Gift Deed in the jurisdictional Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Grand father can execute registered POA in your favour authorising you to sell the property 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

It's not clear whether you want to become its sole owner and enjoy it or sell it on behalf of all.

If the former then your grandfather who alone is its exclusive owner can make a registered gift deed in your favour. 

If he wants to sell it then he can do so on his own or on the basis of a POA registered in your favour. 

Your father or aunt is no where in the picture. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Hi 

1) Since the property was originally a lease hold which was later converted in to free-hold , the best option would be that your grand father, parents, your younger brother and your aunt execute a registered settlement deed in your favour . 

2) In general, a family settlement deed need not be registered where as partition deed has to be compulsorily registered.

3) But in your case, since all the members are foregoing their claims, it is mandatory that you should have a registered settlement deed as stipulated in Section 17 of Registration act and Section 53A of transfer of property act

4) Though gift deed or WILL could have been the other options, both gift deed and WILL have their own challenges in case there are any future claims.

5) In the event of a Gift deed/WILL , the legal heirs (i.e your father, your aunt, your brother, your cousins) or any other 3rd person  can always submit a mischievous claim that that lease hold property was allotted to your grand father and his family members  and hence your grand father alone was not the absolute owner and hence he did not have the right to execute a WILL/GIFT of the entire property to you. 

6) A settlement deed executed during the life time of your grand father by all the members of the family namely your father, your aunt, your brother in your favour is the best legal option available to you.

7) Stamp duty is at 2% of circle rate 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Since your grandfather is alive he can deal with the  property in any manner during his lifetime.  He can sell, lease  gift, mortgage and execute a Will.   All of  you would inherit the property after his death, if he has not dealt with the property during his lifetime. 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

If it's self acquired ot can be directly transferred through gift deed etc to grandson. If ancestral then you need everyone consent for the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

If your grandfather has clear and marketable title over the property then he can transfer the property to your name by executing a rgistered gift deed.

Once this process is completed you will become an absolute owner of this property after which you can dispose the proeprty at your will.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to have the WILL from the grandfather and release deed from father and aunt to their share of property. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Grand father can execute gift deed in your favor to transfer property ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Your grandfather can execute a Gift deed in your favour.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Gift deed with NOC from all others.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Your Grand father can Execute Gift deed it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Transfer can be done either through a gift deed or a settlement deed as you are his grandson and due to natural love and affection he can transfer the property to you.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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