Can grandfather give share of property to grandson living separately

Hi, i am hindu (brahmin). from agra. and my grand pa is living in agra city. i did not support of my father and i m living seperately from my father from last 32 years. but now my grand pa want to give me property but my tau ji wants that no property should be given to me he wants to name the property to their son. so may know how can my grand pa name the property without going tehsil there is any option to write name property at home.

Answers (2)

273 votes

it is possible by creation of will. if one wants to divide his property unequally then making a will is absolutely essential. Even if no will has been made by the testator the property can be divided equally amongst the legal heirs after death of testator.No stamp duty is required to be paid for executing a Will or a codicil.
A Will, therefore, need not be made on stamp paper but A Will must be attested by two witnesses who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator. The registration of a document provides evidence that the proper parties had appeared before the registering officers and the latter had attested the same after ascertaining their identity. In India, the registration of Wills is not compulsory even if it relates to immoveable property. The non-registration of a Will does not lead to any inference against the genuineness of a Will. In other words, registration therefore does not give any special sanctity to the Will though registration of the Will by the testator himself evidences the genuineness of the Will. Whether registered or not, a Will must be proved as duly and validly executed, as required by the Indian Succession Act. Once a Will is registered, it is placed in the safe custody of the Registrar and therefore cannot be tampered with, destroyed, mutilated or stolen. A Will is to be registered with the registrar/sub-registrar with a nominal registration fee. The testator must be personally present at the registrar’s office along with witnesses.

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328 votes

Grandfather has the soul right to transfer his proerty to his son or grandson as per his wish. There is no bar for the same. The sale deed may be challenged by your Tauji but the Court shall be in your favor for sure.

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