Ranajoy Baral
Asked May 01, 2017

grandfather wants to give property to those who provides him alcohol

  • 1 Answer
  • 244 Views

My grandfather has a property, approx 2600sq. feet. He drinks alcohol every time.  He wants to give all the property to those who provide him alchohol. He doesn't want to give the property to his daughter and son. Can we stop him to give the property to others? Can his children get his property ?

Answer 1

Transfer of one’s property is completely a question of one’s own choice and decision. In the present case, it is your grandfather’s choice as to whom he wishes to transfer his property.

However, once he enters into a contract you may challenge the same on the ground of his incapacity to contract due to unsoundness of mind. According to S. 12 of the Indian Contract Act, 1872[1], a sane man, who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such drunkenness lasts. Hence, if you can prove that your grandfather was drunk at the time of entering into the contract then you may successfully challenge the validity of such transfer. Only in such a circumstance can the property be devolved to his children after his death, without any explicit contract between them.

 

[1] Available at: https://indiankanoon.org/doc/367472/.

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.