• Property Owner transfer to Grandmother

Hello Sir, 
i need a clarification on property owner transfer. 

here is a property in the name of my late Grandfather(Self owned)
Due to some family dispute. My grandmother doesn't want to depend on children for her daily/medical needs and wants to sell this property and put that money to FD for her needs. 

As this property in the name of her husband(my grandfather). Will she able to sell this property on her own? without approval of her children/ grandchildren? 
if not, is there a way where we can transfer ownership to grandmother? without approval of her children or grandchildren.Where she can be independent to do her own decision? 

Kindly confirm
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

1. If the grandfather alone was its owner and he has not left any Will to make your grand mother its sole owner then on his death your grand father and all the children become its co sharer in undivided equal share.

2. In that event you grand mother alone can not sell the whole proeprty and to do so he requires signature of her children also.

3. If her children are so willing they can make a gift deed giving their respective share to their mother so your grand mother becomes its exclusive owner and then she can sell it and enjoys the sale proceeds.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) grandmother needs consent of her children to sell late grand father property

2) for transfer of property in name of grandmother consent of her children is required

3)at most grand mother can sell her share in property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

If there was no will existing reportedly written by your deceased grandfather in favor of his wife or there is any other mode of registered transfer deed in her name, the property shall be under intestate succession only.

It means the property left behind by your grandfather upon his intestate death shall devolve equally on all his legal heirs consisting his wife and children alone.

The grandchildren cannot be considered as his legal heirs and they are not entitled to any share in the property.

Therefore if it is intestate succession, your grandmother cannot sell the entire property by her own as per her will and wish.

She has to arrange for a family settlement or an amicable partition and then she can sell her own share of property to anyone of her choice as per her desire and decision

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1) No, she can't sell property alone, as other legal heirs are alive, their signature are necessary.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

hello sir, if there was no WILL perticularly in favour of your grandmother ,then the property after the death of your grand father got transferred equally among his children as well,therefore she can sell her share only and not of others

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

As per S.10 of the Hindu Succession Act, after your GF, the property devolves on his wife, i.e your GM followed by sons and daughters. If GF died without leaving a will or partition, then the property devolves as per S.10. The property has to be equally partitioned and the respective shares can be possessed or alienated by the respective parties. As such, she cannot sell to anyone unless all the legal heirs of your GF signs and relinquish their rights over the property.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Grandmother can transfer her husbands property on her own name, ONLY if there is a proper will of her husband, ELSE due consent of all their Childrens would be required to execute further arrangement /deeds or court procedures.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

grand children have no share in property during parents lifetime

2)on demise of elder son his wife and 2 daughters would inherit his one sixth share in property

3) daughters can only claim share of deceased father

4) your grand mother , other legal heirs can sell their share in property without consent of other legal heirs

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. The grandchildren do not have any rights in their grandfather's self acquired property during the lifetime of their fathers/mothers

2.The legal heirs of the uncle who expired are entitled to his 1/6th share in the property on the whole.

3. They are entitled to their father's one such equal share only.

The property cannot be sold without their consent or partition.

Hence a partition either amicable or through court is the solution left before you.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. Yes, grand children do not have share in the proeprty when their respective parents were alive.

2. Yes,signature of the children of the uncle who ahs died will be required.

3. The children of the deceased can not claim more than what your uncle was entitled to during his lifetime.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. As per Class 1 - Surviving GC's will not entitled.

2. Last year one of my uncle( Elder-son of GM) passed away. In this case, do we need to get the sign of my Aunt(Uncle Wife) or of his 2 Children's?(daughters) both are Major. == Yes, as per rule 3 of class 1, the legal heirs of your deceased uncles should sign.

3, As per rule 3 of Sec.10, all will take one share, therefore, they are entitled to 3 shares including their mother. Without their consent, it will be invalid and illegal.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Client,

Property of husband will devolve in wife and children by equal share 1/6th each . No share of grand children.

And on death of aunt or uncle their share will devolve in his/her children.

By relinquishment deed by sons/daughters, grand mother can acquired absolute right in the property.

Make sure above proposition applies to intestate succession.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) there are class of shares, which can be divided ratios to individual shares in the inherented property. If you want to give details share wise property distribution. Please select documentation review or consultation call.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If it is ancestral property then if your Grandfather passed away after 2005 then every class I heirs can claim their share in the share of his/her father.

2) Legal heirs of your uncle who has passed away can sign and execute documents on behalf of his father.

3) unless and until property can be divided or order of court has been obtained for partition, all the legal heirs under Class I category are entitled to inherit the said property and all of them are required to execute the sale deed.

Dhirendra Suresh Gautam
Advocate, Thane
15 Answers
2 Consultations

4.0 on 5.0

1. If your grandfather died intestate then the property has devolved through succession under Section 8 of Hindu Succession Act on his Class 1 heirs equally. The class 1 heirs of a Hindu male dying intestate are his mother, widow and children. Hence, the property has devolved equally on your grandmother and all her children.

2. Your grandmother's share is only 1/6th, beyond which she lacks the competence to sell unless the remaining heirs release their share in her favour.

3. Furthermore, your grandmother can sell her 1/6th share only after the property is partitioned through metes and bounds, to which end she, as any of the other 5 heirs, is at liberty to file a suit for partition in the civil court.

4. The share of your uncle who is dead has further devolved on his mother, widow and children. Hence, in order to sell the property as a single unit you require the consent of his heirs too. The 1/6th share of your uncle has devolved on his wife, two daughters and mother, so the share of his every heir is only 1/24th.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. The property of your late grandfather has been equally inherited by your grandmother and all her spouses.

2. So, she can not sell the entire property but can sell her share of the said property without the consent of her children for which the said property shall have to be legally partitioned first

3. However, if the said property is a dwelling house, the she shall have to first offer it to be sold to her children at the price she has been offered by the third party and in case no body shows any interest to buy her said share of the property she can sell it to the third party.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. It is a true statement that grandchildren will not get any share of their grandfather directly after his demise, intestate. they can claim shares from their father/mother after their demise.

2. Yous said demised uncle's share will be equally inherited by all his legal heirs being his wife and children for which you shall have to take all of their signatures while selling or partitioning the said property.

3. The entire property of your late grandfather will be divided in to 6 parts which includes your grandmother and her 5 children and the two daughters of your late Uncle will inherit 1/12th share of the said property each i.e. they will get equal share of their late father's 1/6th share of the entire property being his legal heirs.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

No consent is required from their side.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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