Hi, My name is Pradeep. I need your help in deciding weather to buy my grand father property or not. Below is the description: There is 3 acres of land on my grand father's ( father's father ) name as per the records. He dies 15 years ago. My grand father has 3 sons and 2 daughters. Now, My grand father's sons ( My father and other 2 of his own brother's ) decided to sell the property. Daughters knows that, they don't have any rights on this land since they got married more than 40 years ago.Not worried at all about this. Now, if I choose to buy the land, will I face any issues from my cousins ( sons/daughters of my uncles( my fathers own brother's ) since they are also grand-child. I heard that, grand-children owns more rights rights on Grand-father's property than his sons. Do I need to follow any procedure to buy the property so that, I will not face any legal issues from my cousins? Since property is still on my grand-father name and he is no more, what are all I need to do to have smooth transition of title change. Also, one of my cousin left home 10 years ago and nobody knows where he is now. I may face legal issues if returns again. Can I take any precaution for the same? Thanks a lot in advance for your guidance.
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Don't purchase grandfather property
2) daughters have equal one fifth share in property unless they sign gift deed or relinquishment deed don't purchase the property
3) grand children have no share in self acquired property of grandfather
4) on grandfather demise property should be mutated in your father and his siblings name
After the death of Grand father the right over the property is equally distributed to his legal heirs (Among children s and wife). No grand childrens have right over the property if their father or mother is alive.
If you buy the land then all the legal heirs made party in the sale deed. So 3 brothers and 2 aunties must be a party or they execute a relinquishment deed in your favour for getting an absolute ownership over the property.
1. The daughters are ignorant of law if they have harboured the misconception that because they were married more than 40 years ago they have no share in the property. If the grandfather died intestate then his property devolved through intestate succession equally on all his children.
2. Your father and his uncles are at liberty to sell their respective 1/5th shares to you, for which they do not require the consent of their children. During the lifetime of father his heirs have no share in his property.
1. first you should mutate property in the name of legal heirs of your grand father.
2. your father has died before 2005 hence his daughters have no right in the property. hence, only sons are the legal heirs.
3. when property is being mutate in the name of your father and uncle at that time you should move an application for partition of property on the basis of survivorship. then tehsildar shall divide the property in the name of your father and uncle.
4. thereafter you can sell it without consent of other legal heirs of your grand father.
