• Property after death of grand father.

1. My grand father bought a plot during 1965-69, from accrual of sale of our ancestral land in village. The plot is registered in his name. He died in 1971. He had 6 sons and 3 daughters including my father.
2. My father with consent of my grand mother constructed a house on this plot with his own money and as agreed given two flats to his younger brothers (my uncles) on subsidized concession to honer wish of his mother. Other uncles have made their properties else were hence no objection. My father have retained two flats and garage portion with him and rented it out. No document made for this due to trust.
3. Three sisters of my father were married when my grand father was alive and two out of these died.
4. My elder uncle also died and have his children. 
5. No succession is obtained from any court. Now my father and other brothers wish to dispose of this plot-house and divide the money among themselves. Will their one live sister and hares of deceased sisters can claim any part in this property as legal successors in light of SC decision 2005. How the accrual of the sale of property will have to distributed legally.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Dear Client,

Property being coparceny and daughters got married before the death of Grand father, left with no share in the property, because a the time of death of grand father, no such property rights were available to daughter.

So, no legal heir have any claim in the property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

since property was bought out of sale proceeds of ancestral property and grand father died before 2005 , his daughters or their legal heirs would have no share in ancestral property

2) property would be divided equally among 6 sons

3) the share of deceased son would devolve on his legal heirs

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. Obtain the succession certificate;

2. Obtain NOC or execute Deed of Relinquishment from other living legal heirs of your grandfather stating that they have no claim;

3. Also obtain NOC or execute Deed of Relinquishment from the children of your grandfather's legal heirs;

4. Once that is done then make the mutation entries in the property records;

5. Or you can all execute a family settlement deed, make the arrangements and register the same.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hi

1) The property has been purchased by sale of ancestral property and hence the property will continue to be ancestral.

2) Your father's sister's cannot claim any share in the said property now as your grand father died in the year 1971 and hence the property will be governed by Section 6 of Hindu Succession Act and its amendment in the year 2005.

3) Your father and his brothers (Including the children of deceased Uncle) can dispose of this property to any buyer who is interested without need for the daughter's or their children being parties to the sale transaction.

4) Technically, your father and his brothers(including the children of deceased elder uncle) will divide the property in to 6 shares initially.

5) If the property is being sold, the other brothers can simply sign the sale deed and authorise the seller to issue their share of sale proceeds directly to your father.

6) If your father and his brother's are not selling the property, but instead want to settle amongst themselves, then they should execute a registered settlement cum partition deed .

7) In the said registered settlement cum partition deed, Since it was your father who used his money to construct the house, the other uncle's can settle their share in favour of your father by renouncing their share in favour of your father

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Firslty, Sir, we need to understand that the property is anscestral for sure, there is no doubt in it.

Secondly, as per the recent Supreme Court judgements yes, they may be able to grab their share out of the same which would be sold in future.

Thirdly, this is because of the reason, that it has now been going to be partitioned which give them also a right to ask for the same.

Fourhtly, if it was done before 2005 then they might have not got anything.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

hello,

the property was ancestral and hence belongs to everyone. all 9 children along with your grandmother had a share in that property. the property belongs to the grandmother and the 9 children and their heirs if any of the 9 children have died. yes, of course, the heirs do have a share. you have to obtain a relinquishment deed from them if they do not object to whatever happens to that land and if they are willing then no problem otherwise the share has to be equally divided among all the heirs.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. for the sisters to claim in the joint family property, the grandfather was required to be living on 9.9.2005 when Hindu Succession Amendment Act came into force

2. as grandfather died in 1971, his daughters i.e. your aunts and father's sisters, cannot claim in the joint family property

3. if the daughter cannot claim, then even her heirs cannot claim

4. the brothers including your father can sell the property and distribute sale proceeds equally or as mutually agreed

5. i am assuming the grandmother has also passed away

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

The sons and daughters have equal rights in their father's property if the father is reported to have died intestate.

Therefore your father's sisters have an equal right in their father's properties.

The legal heirs of the deceased sisters can claim the share of their deceased mother

Th amendment in the year 2005 has not impact on this position of law.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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