Hi Sir, I am from Chennai. I am planning to buy an apartment, which is constructed by a builder Z on a land which is an ancestral property. Mr.A is the person who bought the land initially in 1934, and after him, the land was given to his grandsons and grand daughters B, C, D, E (through a will). In 2010, B, C, D, E gave their release deeds individually to each other, and gave POA to a builder Z in 2014. Z collates all the 4 shares from B, C, D, E, and treated it as a single unit for constructing residential apartments (these details are mentioned in Z's POA). Totally 18 apartments are constructed in that land, and I am planing to buy the last apartment (which is left off). Z told that he has the full rights to the land, and during sale registration his signature is sufficient. But Z's POA has signatures only from B, C, D, E, and not from their children (though some are major, at the time of POA signing ). As of now B,C,D,E are alive and hence Z's POA is still valid My question is, Can any children (major or minor) of B, C, D, E, can claim rights later to their great grandfather A's land or apartment which I buy today? Your reply will be much appreciated, and helpful to make a decision to buy this apartment. Thank you in advance!
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1. The property given by the Will is considered to be the self acquired property of the beneficiary of the Will.
2. In that context the children of the beneficiary of Will doesn't have share in the property by birth.
3. So the POA given by b,c,d,e is enough and there is no requirement of consent of their children.
4. So the poa in favor of z is valid and you can buy this property after checking relevant title deeds.
Once property was bequeathed under will to grandsons and grand daughters it would be self acquired property of grandchildren
2) great grand children cannot claim share in said property
3) I presume will was probated
4) probate is mandatory in Madras for Hindus
1. No child (major or minor) of B, C, D, E, can claim right over their great grandfather' S land now,. reason being Mr. 'A' had bequeathed the property in favour of B, C, D, E, through his WILL and after his death, by virtue of WILL, B, C, D, E, have become Absolute Owners of the property.
2. Based on the POA executed by B, C, D, E, in favour of Z and moreover since B, C, D, E, are alive, it would be legally right to get the signature of Z only on the Sale Deed. However this answer is based on your narration of the question.
Can any children (major or minor) of B, C, D, E, can claim rights later to their great grandfather A's land or apartment which I buy today?
Your reply will be much appreciated, and helpful to make a decision to buy this apartment.
First of of all your conception that this is ancestral property is wrong.
this property now belongs to B,C,D,E by virtue o the Will testate in their favor.
Therefore the property bow belongs absolutely to them and hence their children nor any other tird party has any claim or right in it.
You may go ahead with the purchase of the property even without the signatures of the wards of the said actual owners.
There is no legal infirmity in it.
The property is firstly not ancestral. Ancestral property is that property which passes up to the fourth lineal ascendant without division. It was the self acquired property of Mr.A which he bequeathed to his grandchildren. The grandchildren i.e B, C, D and E who inherited the property were at liberty to dispose the property during their lifetime. Their legal heirs had no share in the property. So the signature of children were never required.
1. When the land purchased by A in the year 1934 was bequeathed to B.C.D & E by Mr.A by executing a Will, the said property of Mr.A ceased to stay as an ancestral property to the great grandchildren of Mr.A.
2. So, B.C.D. & E are the absolute owners of the said land of Mr.A. share of which can not be claimed by the children of B.C.D. & E.
3. If other things are alright, you can buy the said property.
Dear..
only your have to prove legal heir......grand son ...and grand daughter are entitile in the property..
Regards..
Mob-No-[deleted]
