• Regarding property transfer after death of Grandpa to son-in-law or my grandma

Hello Sir,

My grandpa died 2 years before with no will left. What procedure to transfer property to his spouse ( My Granny) or his Grandson.
Is property transfer to grandson directly possible?
Property nominee includes his wife,Son, Grandson.
Property is of MHADA?
Can granny or grandson sell that property?
Asked 8 years ago in Property Law
Religion: Hindu

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13 Answers

1) After grandpa the property go to his legal heira accordingly below hierarchy

Grandmother

Son

Daughter

Son's son means grand son

Son's daughter means grand daughter

Etc

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Upon his death, this property will devolve upon the class-I legal heirs left behind him. This includes:-

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

The surviving legal heirs from the above list can go to the Tehsildar's office to obtain a legal heirship certificate.

On the basis of the heirship certificate, they may get the property transferred in their name.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

As per S.10 of the act, the property of the deceased shall be divided among the widows, surviving sons and daughters, The heirs in the branch of each pre-deceased son or each pre-deceased daughter. Thus, the surviving g.son shall not have any share when his father or mother survives.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1)nominee is only trustee for legal heirs

2) apply to secretary of society for transfer of flat

3) enclose grand father death certificate

4) consent of other legal heirs

5)society would transfer flat but may insist on you furnishing indemnity bond to indemnify society in case claims are received

Ajay Sethi
Advocate, Mumbai
99797 Answers
8147 Consultations

if society insists you would have to obtain letters of administration from bombay High court

2) consent affidavit can be executed by other legal heirs

3) it takes around 6 months

Ajay Sethi
Advocate, Mumbai
99797 Answers
8147 Consultations

The wife will be the hair and transferred to her only. If she wants to sell the property then she may sell it but not of grand son will be required.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

Usually on such death, the concerned office transfer the property on the names of nominated persons that is whose names found in records. Further after the death of grandfather it will be transferred in the name of grandma only.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

The property will be transferred in equal share to his wife and the son.

The grandson does not have any direct right on the self acquired property of the grandfather

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You will have to obtain letter of administration from the bombay high court.

the same will take 6 months.

consent of the legal heirs will be required to file the same.

contact a local lawyer, who may help you with the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As per Hindu Secession Act you have to get the succession certificate or Hirer certificate for High court

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

First you need to transfer it in the names of legal heirs by submitting death certificate to mhada. Generally they don't ask succession certificate but you need to inquire about the procedural formalities with mhada. Once it's transferred in your granny name then you can sell it.

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

You are required to approach the registrar's office with death certificate and property documents.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The property in the name of your grandfather, after his death shall devolve on his legal heirs only.

His grandson don't have any rights of any manner in the property.

The son has to execute a registered release deed relinquishing his rights in favor of his mother to make her absolute owner of the property

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

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