• Grand daughter rights on maternal property

Female (say ABC) owner of a house died without will. She bought this house with sale deed. Hence, not an inherited property. Her husband (say DEF) also died. They have only one daughter (say GHI) and Tahasildar issued Family Member Certificate, stating that GHI is the only daughter. Property has been muted on daughter's name (GHI) around 2014. At that time she does not have children. Now, she (GHI) has one daughter (say JKL) of 2 years old. 

Now, would the grand daughter (JKL) has any rights on grand mother's (ABC's) property? Can the daughter (GHI) sold the property without any involvement of grand daughter (2 years old)?

Please tell me with respect to Chirstianity law, if anything applicable. As I read, the inheritance law is different from Hindus (I think 1956 Act) and Christians (I think 1925 Act).
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

13 Answers

1. IRRESPECTIVE OF ANY CRITERIA, Since ABC acquired property with own Funds, the said property will NOT be classified as any ancestral property, in any manner whatsoever.

2, Property at the hands of GHI, shall be classified as Self-Acquired property, for any & all purposes and GHI is at legal liberty to Sell /Transfer /Gift /Donate the non-ancestral property, WITHOUT any reference to ANYBODY, which includes JKL and JKL as a right, CANNOT legally claim anything on the said property, in any manner.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Grand daughter has no rights on property inherited by mother during mother lifetime

2) mother can sell the property without her daughters consent

Ajay Sethi
Advocate, Mumbai
94730 Answers
7536 Consultations

5.0 on 5.0

Guardian can't sell minors' share in property without court permission.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No, as per Section 15 and 16 of the Hindu Succession Act, it is the mother’s absolute property and her daughter has no right therein by birth.

Christian intestate succession is governed by the Indian Succession Act. However, under that law too the mother being the sole lineal descendant—in absence of a widower or other children—is the absolute owner of the property and her young daughter has no right. See Section 36 and 37 of the Indian Succession Act.

Pulkit Chandna
Advocate, New Delhi
208 Answers
5 Consultations

4.9 on 5.0

No the grand daughter wont have any right in property of grand mother. Yes the property can be sold without the consent of the grand daughter, under indian succession act also she wont have any right on property in life of her mother.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. GHI became the absolute owner of the property on the demise of her mother who was the original owner. During the lifetime of GHI none of her legal heirs has any share in her property.

2. GHI is free to sell, gift, mortgage, gift or otherwise alienate her property to anyone she desires. She does not require the consent of any of her heirs including her daughter to do this.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The daughter of GHI do not have any rights in the property acquired by her mother from her own mother. There is no legal infirmity in selling the property by GHI without involving her daughter.

Even under Christina law or the Indian succession act, the granddaughter has no rights while the mother is alive.

You may go through the provisions of Section 37 of the Indian succession for more clarity.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Client,

If deceased has left behind both a widower and lineal descendants, he will get one-third share in his estate while the remaining two-thirds will go to the latter. If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the widow and the rest to the kindred. And if no kindred are left either, the whole of the estate shall belong to his widower.

So daughter is absolute owner. if no other relatives.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Letter of Administration (IF there is no Will) and Probate (IF there is a Will) is a COURT DECREE and APPLICABLE throughout India and is a FINAL legal document, as far as property is concerned.

2. Succession Certificate is typically a declaration with limited legal value.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Mutation dies not confer title to property

2) it is only for payment of property taxes

3) succession certificate is only for movable debts and securities

Section 372 in The Indian Succession Act, 1925

372 Application for certificate. —

(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:—

(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residences;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and

(f) the debts and securities in respect of which the certificate is applied for.

(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860).

56 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.]

Ajay Sethi
Advocate, Mumbai
94730 Answers
7536 Consultations

5.0 on 5.0

The Family member certificate issued by the revenue department will act as succession certificate or legal heirship certificate.

It is only to confirm that who are all the legal heirs to succeed to the properties of the deceased owner.

Moreover the daughter has subsequently transferred the proeprty to her name by mutating the revenue records and also by transferring all other records to her name, there should not be any doubt in respect of her clear and marketable title.

In the given situation there is no necessity for a letter of administration nor a succession certificate (which will be issued by court of law for acquiring the movable assets of the deceased) in order to sell the proeprty. The mutation records and other documents including the family member certificate and the original parent title deed and tax receipts should suffice to prove the genuineness of the property and the vendor's title.

In any case you may approach a well versed local advocate for a legal opinion to be doubly confirmed about the title and other genuineness of the property propose to buy.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

If the property is already mutated there is no need yes the lawyer is correct further if it is required for any transaction or the movable property then same can be pleaded before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Rightly advised by advocate - what the need of succession certi, property already mutated in your name and SC issues for securities, movable not for immovable property .

Legal Heir certificate issued by tehsildaar is enough.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer