• Share of granddaughters and their consent

Dear Lawyer,

Mr. R purchased property from Mr. G in 1945. 
Mr. R died in 1977 leaving behind 3 sons - S1, S2, S3 and Daughters D1 , D2 and widow W.

S1 has 1 son ( grandson of R ) and 4 daughters ( Grand Daughters of R)
S2 has 4 sons.
S3 has 1 son. 

Except for these 4 daughters of R ( i.e. daughters of S1) , rest all perople - S1, S2, S3, D1, D2, W , and 6 grandsons ( total 12 ) executed registered sale deed in favour of Person X in 1994. 

My question here is - 
A. Is title of X clear and marketable? 4 Grand Daughters not signing the deed defect it anyway?
B. If 4 grand daughters have any right in the said property now? If yes, Can they challenge it?
C. If any right is remaining , what is their share?
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) title of X is clear and marketable

2) it is self acquired property of seller

3) consent of grand daughters is not necessary

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Mr. X will get a valid title of the said property even if the daughters of S1 refuses to sign the Title Deed. Actually he need not take signatures of other grand daughters also in the sale deed.

2. The grand daughters have no right on the said property during the life times of their fathers and mothers who have inherited the said property from their father after his demise intestate.

3. There is no right standing on the granddaughters of Mr. R during the life time of his sons and daughters.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

S1 has already executed sale deed for his share in property

2) death of S1 after sale deed does not make the tile of X defective

3) had S1 not sold his share in property then only his share would be inherited by his widow and daughters

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. The property now stands in the names of the sons and daughters of Mr.R including S1.

2. While being the joint owner of the property S1 will sign the sale deed and the title of his share of the property will be transferred to you and here the daughters of S1 or other grandchildren of R has no role to mplay.

3. When S1 will die after 5 years, the property will not be in his name for which his daughters can not have any right on the said property which will then belong to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Title of "X" clear and marketable. There is no need to take the signatures of the grand children and more so when the Class 1 legal heirs are alive.

2. Not only the 4 grand daughters but also the 6 grand sons do not have any right in the property during the lifetime of Class 1 legal heirs. Even if they challenge it can be countered since the Class 1 legal heirs are alive.

3. During the lifetime of Class 1 legal heirs, the grand children of Late "R" do not have any right over the property.

4. The title of "X" shall be clear even if S1 dies next day after execution of the Sale Deed.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
316 Consultations

5.0 on 5.0

My question here is -

A. Is title of X clear and marketable? 4 Grand Daughters not signing the deed defect it anyway?

B. If 4 grand daughters have any right in the said property now? If yes, Can they challenge it?

C. If any right is remaining , what is their share?

With the given contents, the property that was left behind by R devolves only on his own legal heirs namely his children and widow.

The legal heirs of deceased children will step into the arena to claim the share of the deceased child of deceased R.

If all the children of R are living then there is no question of taking permission or NOC from the next generation of the children of R.

Therefore the title of X is confirmed since those children cannot claim any rights in the property if their respective father/mother who were entitled to a share were alive at the time of execution of registered sale deed in favor of X in the yea 1994.

For all the practical purposes, you may take a legal opinion by producing the relevant documents of the property before a local advocate and proceed with the proposed purchase of property only if you are fully satisfied with all the aspects.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

If now S1 dies say 5 years after the deed of sale, does that defect the title of X?

After a genuine purchase and satisfying all the legal conditions required for purchase of the property, Mr. X will become the absolute owner of the property from the next moment the sale deed was executed and registered on his name.

Therefore you should not have any such doubt over the marketable title of X on any aspect.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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