Can grandfather revoke transfer of property to grandchild if son dies

643 votes

If the said property is self acquired by the person 'A' then he decides to whom he wants to transfer the property. However, to the contrary, the legal heirs of 'B' can claim their share over the property as it will be considered as ancestral property to which children and wife of 'B' can claim their share over the property.

Advocate Siddhant Sharma LawRato

823 votes

Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession. Explanation.—An intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person.
Therefore the the writ seeking to revoke or cancel the setlement made earlier without any valid reason may not be valid and sustainable.
But please remember that the property can be inherited by the legal heirs of B only after the lifetime of A and not before that since he has life interest in it.

Advocate T Kalaiselvan LawRato