• Purchase of maternal property

My maternal grandmother has a house in bangalore and she passed away without a will. My grandmother has only four daughters and no sons. Each of the daughters have two sons each. I am one if the grandson. I wish to purchase this property. Who all should provide their consent for me to purchase this property?. How do I register property in my name?.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

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.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Yes or to cut short the process get a POA done in favour of any one of the said 9 people who can represent all the other 9 people.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

As per the hindu succession act, after the death of your grand mother her daughters are become legal heirs and they inherited the property as per the succession act. At present the grandsons wouldnot get any right on the property. These are may a possible way to get the property in your name, 1. Sisters of your mother can give a release deed infavour of your mother and thereafter she can execute a settlement deed infavour of you. 2. Your mother can give a release deed infavour of you inrespect of her undivided share in the inherited property. 3. Four daughters can execute the sale deed in favour of you.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

All the four daughter will provide consent in your favour as grand children have no right till the lifetime of there mothers.

Three aunts plus your mother.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

only daughters consent is required for sale of property

2) grand sons have no share in property

3) mutation of property should be done in name of 4 daughters

4) apply for LA in name of 4 daughters

5) then purchase the property

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

signature of 4 aunts is sufficient

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

All the four daughters of your grandmother have to sell this property jointly by executing a joint registered sale deed in your favor.

If anyone of the daughter is not living then the legal heirs of the deceased daughter have to execute the registered sale deed jointly along with others in your favor..

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

So, do i need the consent or signatures from all the three aunts and their children (6). i.e., 9 people to become sole owner of the property?. Or is only three aunts signature sufficient?

Not only your three aunts, but your mother also have to execute the registered sale deed in your favor.

The children of the daughters need not be involved in it.

They do not have any rights in the property hence they may not involved in it.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear Cleint,

If property is self acquired (purchase/gifted/WILLed,Inherited but not from husband) of Grand mother than after her death, all her daughter will inherit 1/4th share each.

Consent of grand children have no relevance due to no title in the property.

Instead of buying full property, purchaser 3/4th share of aunts, after that u will become joint owner along with mother in the property and your mother will release/relinquish her share in you ( no stamp duty ).

This way, u have to bear stamp duty on 3/4rd share and saving on 1/4th share.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Hello Good Evening ,

You have to obtain the No objection from your aunts . It is not necessary to take permission of their children when your aunts are alive.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. The said property of your late grandfather has been equally inherited by his 4 daughters.

2. You or anybody for that matter can purchase the said jointly held property from the said 4 legal heirs by getting a sale deed registered by all four of them.

3. If any of the 4 legal heirs stay outstation and can not come for registering the sale deed on the scheduled day, she can execute and register a POA in favour of any one including any of her sisters, authorising him/her to sign the sale deed before the Registrar.

4. You are not required to take any NOC from any one for buying the said property from its present joint owners.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. You shall have to getb the sale deed registered by your all three Aunts and also your mother as Vendor/seller of the said property of your late grandfather which has been inherited by them.

2. Their children do not come to the picture till their mothers are alive.

3. Collecting NOC from the legal heirs will be of no use at all. You shall have to get the sale deed registered wherein all 4 legal heirs of the said property shall have to sign as sellers/Vendors. and you being the Purchaser.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Hi, you can purchase the property through sale deed before the register office .. The sale deed shall be made from the aunts excluding your mother.. Your mothers share will be transferred on your name through succession certificate

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

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