• Rights of grand children on grand father property

X has purchased agricultural land 1acre in 1966 and he died in 2008. He has 2 sons and 3 daughters. The son being the eldest, and from son's family 5 grand sons and his daughter's side 6 grand sons/daughters, and all are below 16 years minor. Now all the family made sale agreement with me ie., (2 sons and 3 daughters), 
1. Are his grand children has right in this property in future, what i should do? any affidavit? please advise. 
2. Is it necessary they should sign witness at the time of registration?
please advise

N.Giri
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1. No grand children has no right on grand father self earned property. The property shall be distributed according to the intestat succession rules.

If you are purchaser of the property you do not need to worry as long as both son and 3 daughter of grandfather sign agreement.

2. No they do not have any right over the property so no affidavit required from grandchildren , it is your wish you want them to make witness or not won't make difference.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes, all grand children of only males would have right over the property in future as the property in the hands of the female members are their respective self acquired property.

Female property cannot be treated as anscestral one as in case of males, so it would rather go by will of female members or by succession to grand children if female members die without any will.

As they are minor no need to sign on any affidavit, the moment they attain the age of majority they can very well ask for their rights.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Grand children have no share in property inherited by parents on grand father demise

2) their consent is not necessary for sale of property

3) not necessary they should sign as witness

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Sir

Since the property of x is self acquired, his wife and children are entitled to equal shares i.e., 1/6th share each...grand children has no right at this stage as such you all can proceed..grand children rights will be there only in the case of ancestral property devolved on x if any... but not the self acquired property

Sricharan Telaprolu
Advocate, Hyderabad
156 Answers
67 Consultations

4.9 on 5.0

However the grandchildren have right in this property but their signatures are not required for completion of sale deed. In respect of joint family property if consideration is valid and sale is being made by free consent then consent of children are not necessary.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. The grandchildren from sons or daughters are not entitled for any share in the properties that belonged to grandfather especially during the lifetime of their respective parents. Therefore their consent is not necessary for buying the property.

2. Not necessary.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Though not required still you can add that the sellers acknowledges and agrees that in case of any loss to buyer from future claim of inheritance or aright arising out of legal heir ship or succession the seller shall indemnify the buyer against such losses.

Further since its not minors property so no consent as legal guardian is required, so in my humble view that will not have any effect

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Yes, the grand children have share which they get form their respective parents.

2. So while making a family settlement you must make a provision for them as well.

3. While making such family arrangements it is necessary that you make deed of family settlement giving due share to each of the co sharers. The minors can also be beneficiaries of such arrangements.

4.D not make any sale deed and if you do then you would require the permission of the court to sell minors share in the property and to deposit their share in bank in their names.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, as the property is the self acquired property of the Grandfather and after his death his children have right over the property and not grand children. So grand children have no right to claim share in the property.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

You should mention in the sale deed that this property is being sold for legal necessity and all the stakeholders are aware about this sale and given their consent. When sale deed is executed for a valid consideration then  no one can claim indemnity from the buyer. After execution of sale deed the buyer will get absolute right in the property and if there is any claim about interest or share in the property then the claim will be started by the seller because buyer had purchased the property in lieu of valid consideration and in good faith.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

indemnity clause is incorporated in sale deed

The VENDOR hereby agrees and undertakes to indemnify and save the PURCHASER harmless in the event of any defect in the title of the schedule property or any claims put forth either by the VENDOR herself, or his legal heirs,

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

There is no necessity for such particular indemnification to be added in the recital of the document.

The sons and daughters alone are entitled to their respecitv sharfes, hence thewivesw/husbands and grandchildren need not be taken into consideration while buying the properties.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Usually after the death of original owner without Will the property will devolve upon his children. Thus the grandchildren have no share in the said property. But for safety reasons you may take signatures of grandchildrens and five children of original owner on the sale deed. The law in respect of Ancestral Property is as follows:

=========================================================================================

What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Grand children will just have the right over the share that will come to the children.

2. It is not mandatory for them to sign as witness at the time of registration

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It is made clear that the grand children of either of the legal heir does not have any share in the property and as such no claim made by them in future will be maintainable.

Get in touch with a local lawyer.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Grand children have no claim in G F property neither they can be witness in the sale deed being minor.

Don`t forget to mention in the sale deed,

Property acquired by X from his self earning and after his intestate death, his property inherited by her widow and children by equal share and after X wife death, her share in X property devolved in her child. This way Children become absolute owner of the property being first class legal heir of X and his wife.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956.

2. No

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Contact a local lawyer and get your sale deed drafted/reviewed by this local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If it is ancestral Property then yes they have right but if the same is self acquired then it is as per their will.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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