Dear sir We have property of Grandmother all property is her name only my mother's mother, grandfather is left to us, my mother is only daughter to my grandmother there's no sister and brother's to my mom, now our Grandmother is not feeling well because of age factor , so now we decided to transfer property to our name , we people three children to my mother, our father also no more with us. my mother saying to us take only one person to take holding of property , I'm the elder son to our family ,there is objection of my brother and sister they ready to sign , but lot of confusion to transfer of property from my grandmother, our legal adviser also not sure about this process, they saying our Grandmother can't do will or gift deed because of this is Not self acquisition property, they saying it can do with family tree basis and release deed basis. Release deed from my mother , brother and sister i thought this not proper way , so we need proper advice regarding this kindly give us proper advice us, how to get transfer our Grandmother property to us, what are the documentation is required Thanking you
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On demise of grandfather Intestate your grand mother and mother would be legal heirs
2) you have not mentioned how property was transferred in grand mother name
3) did your mother relinquish her share in favour of your grandmother
4) if so your grandmother as absolute owner can execute gift deed in your favour
5) if your mother had not executed relinquishment or gift deed then your grand mother can gift her 50 per cent share in property to you
1.there is no concept of ancestral property in the case of a female.
2.So your grand mother is sole owner of this property and she can deal with it in any manner she likes.
3.So your grandmother can make gift deed in your favour in which even no consent is required either from your mother or siblings.
4. i wonder where is the place of confusion here.
If the properties are in the name of your grandmother by a registered document, then as an absolute owner of the property she can transfer the property to your mother's name by executing a registered settlement deed during her lifetime or she can bequeath the property to your mother's name by executing a Will in her name.
Alternately your grandmother can execute a registered gift deed in your name or anyone's name as suggested by your family members.
The above steps can be taken without any problem becasue they are some of the legally available method to transfer the property from your grandmother's name to the other person who is willing to accept the property.
1. Since the property is in your grand mother's name,as per your narration, she can execute Gift Deed during her lifetime, to anybody of her choice and in the instant case to you, if agreed to by your grandmother.
2. The instant property in your grand mother's name in her hands is her self-acquired property.
2. Upon registering the property in your favour through gift deed, you shall become the owner of the property and you can get the Khatha mutated in your name in the municipal/BBMP records.
