He can gift it to him or also can will the same in his name by registered gift deed

Father can execute gift deed in favour of minor grand son 

gift deed should be duly stamped and registered 

3) minor cannot independently accept a property gift. You (as the child's father) or your wife (the child's mother) must act as the natural guardian to accept the gift on his behalf.

Yes, it's possible.  Since your son is a minor, you being his natural guardian can represent your son, by signing the registered Gift Deed.

Your father has full rights to transfer his self acquired property to anyone of his choice and desire and by any mode of transfer.

He can transfer his properties in favor of your son by a registered gift settlement deed and appoint you or the child's mother to be a guardian to the child in respect of this property till the child attains the age of 18 years. 

The guardian of the child can accept the gift deed on behalf  of the child.

The most appropriate and legally secure option is a registered gift deed. Your father can execute a gift deed in favour of your son. Since your son is a minor, he cannot accept the gift himself, so the gift has to be accepted on his behalf by a natural guardian, usually the father or mother. The deed must clearly mention that the donee is a minor and that the guardian is accepting the gift on his behalf. Once executed and registered, ownership vests immediately in the minor, though management of the property will remain with the guardian until the child attains majority.

A will is another option, but it operates only after your father’s lifetime and can be changed or revoked at any time. If your father’s intention is to ensure immediate and irrevocable transfer, a gift deed is preferable. If he wants to retain control during his lifetime, a will may be chosen instead.

Your father may also consider executing a settlement deed (family settlement), which is similar in effect to a gift deed and is often used in family transfers, depending on state practice. The legal consequences are largely the same as a gift.

There is no requirement of consent or signature from you or any other family member, since the property is self-acquired. However, stamp duty and registration charges will apply as per the state law, usually at concessional rates for family transfers.

One important aspect to note is that since the beneficiary is a minor, any future sale, mortgage, or transfer of the property before he attains majority will require prior permission of the competent court, as per the Hindu Minority and Guardianship Act. This restriction protects the minor’s interest.

In summary, your father can legally gift the land to his 6-year-old grandson through a registered gift deed, with acceptance by a guardian, or alternatively provide for it through a will. A registered gift deed is the most effective option if immediate transfer is intended.

Dear client,

Your father possesses complete possession of this property. He is able to transfer it to anyone he wishes, including your son. There is currently no property rights held by you, even though you are 51 years old due to this property being held solely by your father (i.e. you have no automatic inheritance while he is alive).

Your father can take two steps to transfer this property to your son legally.

1. Call on your father to execute a Gift Deed under the Transfer of Property Act, 1882. A Gift Deed requires that:

a) it must be in writing, b) it must be properly stamped (based on the State’s stamp duty), c) it must be registered at the Sub-Registrar’s Office, and d) it must be signed by your father and accepted by the natural guardian of your son.
Since your son is currently 6 years of age, he will have one natural guardian (i.e. his father or mother) who will accept the Gift Deed on behalf of your son. The minor son will holding the legal right to the property but it will have to be managed by his guardian until he is 18 years old.

2. Your father can execute a Will under the Indian Succession Act, 1925. With this option, your son will only become the owner of the property upon the death of your father.

The safest method of transferring this property to your son immediately is through a registered Gift Deed.

If you have any quires please feel free to contact us.