• Purchase of property owned by grandmother

I've an property owned by my maternal grandmother (she is no more), she has 4 daughters and each have two sons (all major aged above 21). I am one among the grand son, I want to buy this property. What are the consents I will have to obtain, and please let me know on the procedure?. Is only the consent of 4 daughters sufficient? or Will I have to obtain consent or signature from 4 daughters and 7 grandsons as well?.
Asked 8 years ago in Property Law
Religion: Hindu

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18 Answers

If all daughters meaning there by all your mother's sister and your mother are alive then there consent is required for the transferring of property.

As children's has no right on property till there mothers are alive so you donot need there consent.

Under hindu law a property of hindu female is always treated as self acquired so only there consent is required.

You can execute a sale deed wherein all 4 daughter shall sign as seller and you will be the buyer of property the deed had to be registered in sub-Registrar office revenue if agricultural or in Municipal department if in city limits with payment of requisite stamp duty.

A gift deed can also be made but in case you are paying and there are tax implications sale deed is better option in gift deed you can save some.amount on stamp duty depending upon the state the property is situated also.

3 daughter can make a sale deed and your mother can make a gift deed to you for your share.

Under gift there is no consideration amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

The consent of 4 daughter will be sufficient, dince the share has just devolved on them.

Ask them to execute a relinquishment deed in your favour and in lieu whereof you may pay the money for share to them.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No. The grandson as of now do not have any right on the property.

Grandsons are not required at any stage.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir relinquishment deed can be done only favour of co owner that is if all sisters can relinquish in favour of your mother than she can gift you entire property.

Since your are not co-owner relinquishment directly in your favour cannot be done.

Secondly the children have no right and they cannot raise any objection to it as the property is treated as self acquired and all female owners can transfer the property on there wish no consent of childrens os required.

The daughter are true and sole owners others have no.rights so in there presence you can transfer the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Presence of sister and two witnesses is required.

If you deem fit make grandson a witness to the said deed

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Only four daughters,

In registrar office you will need their identities cards title of property the deed and valid government ID.

The registrar in presence shall take there signature and biometrics and photographs shall be recorded.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) mutation of property has to be done in name of the 4 daughters

2) it is better to obtain letters of administration in name of 4 daughters if grand mother died intestate

3) the 4 daughters can sell the property to you by registered sale deed

4) consent of grand sons is not required

Ajay Sethi
Advocate, Mumbai
100031 Answers
8166 Consultations

it is not ancestral property

2) you dont need any relinquishment deed by grand sons

3) they have no share in property during mother lifetime

Ajay Sethi
Advocate, Mumbai
100031 Answers
8166 Consultations

presence of grand sons is not required at time of execution of sale deed at registrar office

Ajay Sethi
Advocate, Mumbai
100031 Answers
8166 Consultations

Dear Sir,

Please understand the following concept. Under presumption that you understood the same. I answer your questions as follows:

1. So, while executing the deal at registrar's office do I need the presence of only daughters(4) and their signatures? or the grandsons signatures and presence as well?

Ans: You need to get execute the sale deed by all the four daughters and their sons jointly instead of taking some of them as consenting witnesses. But be aware that if any of them did not turn up then there is danger of filing a suit for partition. Try to convince all of them. You will succeed in your endeavour.

HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

Kishan Dutt Kalaskar
Advocate, Bangalore
6249 Answers
502 Consultations

1. On he death of your grand mother her property get equally inherited by her 4 daughters or their children.

2. In that cases all the three aunt of yours or their children have equal undivided share in the property along with your mother.

3. So if you wish to become the sole owner of this property you need to purchase individual share form each of the co sharers.

4. Unless each and every co sharers transfers his share in your name you can not become the exclusive owner or sole share holder of this property.

5. You can get a gift deed done to make you the full owner of the property. The gift deed attracts least amount of stamp duty.

Presence and signature of daughters are required and not that of the grand children.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

1) At the time of registration all daughters and their sons or children's need to be present if the property is undivided.

2) and for purchasing all shares needs to present ar the time registration, all of them signatures infront of registrar. As this is ancestral property and if you are purchasing whole property.

3) If you are purchasing part property than only those area of co sharer will be require at the time of registration.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Assuming that the property is your maternal grandmother's self acquired property and has died intestate, the rights to the share of the property would devolve to her children, i.e., in the. instant case 4 daughters, in the ratio of 1/4th share for each Daughter.

2. Next step is all your 3 aunties should execute a registered Gift or Release/Relinquishment Deed in your mother's favour relinquishing their entitled share over the property. By following this procedure your mother will become the absolute owner of the entire property.

3. Next step to follow is let your mother execute a registered Gift Deed in your favour , as by then she would have become the absolute owner, and by this act of your mother, you shall become the Absolute Owner of the property.

4. To sum up, only 4 daughters' signatures are enough to make you owner of the entire property as Absolute Owner and no need to take grand sons' signatures and no need for grand sons' presence. However, if possible, let grand sons' sign as witnesses to the deed.

Shashidhar S. Sastry
Advocate, Bangalore
5640 Answers
339 Consultations

Hi, you have to purchase thier share through valid sale deed before land registrar by paying the Stamp fee ...

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hi,

The sign by daughters is sufficient and presence/sign of grandsons not required.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

If the property belonged to your maternal grandmother and she had clear and marketable title but died intestate then the property shall devolve on all her own class I legal heirs i.e., her four daughters.

Now if they four of them are willing to sell this property to you by executing a registered sale deed, then all these four can jointly execute the registered sale deed ion your favor.

The grandchildren do not have any rights in the property during the lifetime of their respective mothers.

The grandchildren need not sign nor they are required to give their consent for this sale.

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

As all the grandsons are major now, and post the execution of relinquishment deed. if any of the grandsons raises objections and moves to court questioning the deal. Will things turn against me?. While the property is transferred to my name at registrar office, is the presence of all grandsons required or can I get the property registered only in the presence of daughters?

Whether the grandchildren are majors or minors by age since they do not have any rights in the property during the lifetime of their respective mothers, they need not come to the registrar's office nor they are required to relinquish their rights in the property.

The grandchildren do not have any rights in the property hence their consent or permission is not at all required, only their respective mothers can jointly execute a registered sale deed in your favor in the capacity of class I legal heirs/successors in interest.

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

So, while executing the deal at registrar's office do I need the presence of only daughters(4) and their signatures? or the grandsons signatures and presence as well?

You are repeating the question despite having got the best answers.

Yes, the four daughters alone can jointly execute the registered sale deed in favor of the purchaser.

T Kalaiselvan
Advocate, Vellore
90234 Answers
2508 Consultations

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