1) it is not ancestral property
2) property inherited by 2 sons from their deceased father can be sold by them without consent of their children
3) during father lifetime the children do not ha ve any share in property
Is granddaughter having rights on self-acquired property of grandfather
I am buying a property from two brothers having 3sons and 3 daughters married. this property is from father self acquired of two brothers. one of the daughter is out of station and she is unable to come and attend the registration. Can it be possible to get registered by 7 members out of 8 as above?. There will not be a legal problem tomorrow if absented daughter claim wrights.
Asked 8 years ago in Property Law
Religion: Hindu
9 Answers
let me know the anwers. Is the Absent Daughter having wrights to claim later ?.Is it not safe.
Asked 8 years ago
You don't need consent of absent daughter for purchase of the property
If the other 2 married daughters are having rights in this property, then even this 3rd sister (one who's absent) is having a share in this property. Either she needs to be present or relinquish her share in this property in favor of one of her 7 family members. Without following this course there will always be an apprehension that she can claim her share (1/8) from you.
The property is self acquired by the father There are two sons for late father/mother. 1st son having 3sons and 1 Daughter 2nd son having 2 Daughter out of 1 Daughter is going absent. Can Absent Daughter can claim later?. Any solutions to get register without the absent Daughter?.
Asked 8 years ago
absent daughter does not have any share in the said property
2) even if she files suit to claim her share she would not succeed
Ok. Since in your case, the property was self-acquired by the grandfather of the absentee daughter, she cannot claim any share in the said property either in present or in future. Her presence is not necessary. Please ignore my previous reply.
1. Since it is the self acquired property of the grandfather and has died intestate, the property would devolve equally to his spouse(if alive) and children.
2. In the instant case, as per your narration, there are only 2 children and both the brothers are entitled to equal share, i.e., 50% each in their father's property.
3.Being the self acquired property of the two brothers, there is no need to get signatures of their children during the lifetime of the two brothers.
4. Children of the two brothers cannot stake a claim in the self acquired property of their father during father's lifetime.
The property inherited by the sons from their father shall become their own and absolute properties.
They need not take the consent or NOC or even a relinquishment from their children.
Therefore there is no problem for you to buy the property from the title holders.
let me know the anwers.
Is the Absent Daughter having wrights to claim later ?.Is it not safe.
As told earlier the consent of the sons and daughters of the sons who propose to sell the property are not required, hence dont be bothered bout the missing daughter.
The property is self acquired by the father
There are two sons for late father/mother.
1st son having 3sons and 1 Daughter
2nd son having 2 Daughter out of 1 Daughter is going absent.
Can Absent Daughter can claim later?.
Any solutions to get register without the absent Daughter?.
There is no need to get the signatures of the children to execute the registered sale deed by the owners of the property.
This property is termed as their own and absolute property hence the signatures of the sdns and daughters are not required.