No consent of the children of S1 and S2 is required to be taken.

You are free to buy this property.

you can buy the plot without consent of the children of S1 and S2

2)_they have no share in property during father lifetime

The son as per mitakshara hindu law acquires right by birth even in case of self acquired property. Therefore, the consent of all stakeholders in relation to the property should be obtained before transfer.

The property is received out of succession it is not the self earned property so yes the consent is required of their children .

children of S1 and S2 have no share in property

2) it is not ancestral property

3) property which has remained undivided for 4 generations is ancestral property

Hindu law legit children have brith right over the property of parents that is not being self acquired but ancestral so yes it is possible they can claim stake in property.

If S1 and S2 are selling the property then you can purchase the same, on expiry of A and W it becomes the self acquired property of S1 and S2 and therefore you may go ahead and purchase the same. The legal heirs of S1 and S shall not have any claim on the same.

Also, before purchasing the same get a title report of the property to see that S1 and S2 have a clear and marketable title to sell the property.

Regards

Not at all.

A grandchild does not have any birth right on the self- acquired property of his grandfather.

Dear Client,

Property of A will devolve in his children with absolute right. Grand child have no say in the matter neither any right.

It is not a ancestral property. The property is a self acquired property of A and during his life time he had settled the properties by way of Will to his legal heirs. Now W is no more. Therefore S1 and S2 are the absolute owners of the property and it is needless to get consent from their children.

1) Yes, you can purchase property from his sons as the are only legal heirs of that property. Check the property papers are transferred on S1 and S2 names.

The children of S1 and S2 can stake claim after the death of S1 and S2 on their properties left behind. S1 & S2 are fully competent to sell the property. The stake of grandson on the property of grandfather is only accrue if the father died before the grandfather.

Yes, they have the rights as it is ancestral and as said earlier, the son or daughter acquires right by birth.

Yes since there is no will the children of s1 and s2 claim right over property as it becomes ancestral property. Secondly if the children are minor just add a note in your sale deed that.s1 and s2 are selling property for the welfare of minor children...

After the death of W, the property devolved on S1 and S2 by intestate succession, and they could jointly dispose of it in any manner they wish. Consent of their children is not necessary

Any child born in the family is the coparcener in the family property and any sale deed without the consent of coparener is voidable.

The shareholders of the ancestral property sold without the consent of the shareholders may have the litigation and title dispute against the property

You need to get the signature of the title holder as per the revenue records along with the signature of the children as the witness of sale so as to in future they can not claim any title on the subject property

The property of a Hindu male dying intestate i.e. without a WILL is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956.

As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.

Hence, as per law after the death of W , now S1 and S2 has acquired ownership of the property. The property can be sold upon both consent.

So, you can purchase the said property from S1 and S2 after confirming the same that there are no other direct legal heirs of A.

During the life time of S1 and S2,their children cannot claim the property, specially when the property in question is not ancestral and is a self acquired property of A.

Moreover, you can take a separate affidavit/ or fix them as witness in the transfer paper of the children for your personal satisfaction.

Good Luck

Yes, they can claim in future from the property which s1 and s2 got from his father but not from the property of s1 and s2 acquired from the share of w after her death.

1. On the demise of A his share devolved on his widow and two sons. Further, on the demise of mother her share too devolved on both her sons equally.

2. During the lifetime of S1 and S2 their children have no share in the property which former have inherited from their father A. Consequently, S1 and S2 are at liberty to sell the property without the consent of their children.

1. The Plot can be purchased, with the both the consenting signatures of both the Sons, SUBJECT to that both the deceased died intestate (without will).

2. CHECK, whether the widow too died intestate. The Grandchildren of both the deceased do not have any rights, at this moment, till both the Sons (of the deceased) are alive.

Keep Smiling .... Hemant Agarwal

The property basically belonged to A, and on his intestate death the property devolved on his legal heirs consisting his wife and children.

After the death of one of the legal heirs i.e., the wife, the property now devolvess on the legal heirs alone i.e., the children of the parents.

Now these children are the absolute owners of the property with clear and marketable title, hence their next generation children do not have any rights in the property.

Therefore ther is no necessity to obtain their consent or signature while buying this property by a registered sale deed.

The property went to Widow "W" and Sons "S1" & "S2" after Father "A" died. Father "A" did not write a will.

The property were enjoyed jointly by "W", "S1" & "S2". Then Widow "W" died. Now Sons "S1" & "S2" are selling.

Is it possible for the children of "S1" and "S2" stake a claim in the property.

After the death the share of the widow shall devolve on her own legal heirs which is again the same sons, therefore the sons are the absolute owners of the property with clear and marketable title io the property.