• Who are to be included in the family tree

We have a house built by our father. He died 15 years ago. Now we want to sell the house. We are two brothers, three sisters and our mother. My brother and I have two daughters each, two sisters have one son each and another sister has one son and daughter. My mother,brother and sisters are alive. 
Now I have the following queries,
1. In the family tree who are to be included ? 
2. The prospective buyer's lawyer says that all the members above 18 years of age should sign in the sale deed at the time of registration. Two of my nieces are abroad. It will be difficult for them to come and sign in the sale deed. My lawyer says they are not required to sign in the sale deed. Since we do not have any knowledge of law we are confused.
3. In the event they are also required to be signed, can they execute a General Power of Attorney ? The buyers lawyer says 'No' whereas my lawyer says 'Yes'
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

All the members you mentioned are part of family tree. And major i.e above 18 yrs old members should sign on sale deed. But if someone is minor then it cam cause complication. As you will need court permission to sale his share in the ancestral property.

Your neices can sign the document via digital signature or can appoint attorney through special power of attorney giving selling rights. Property cannot be sold through general power of attorney. So you will need to prepare special power of attorney.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Mother, all brothers and all sisters, not their kins.

2. No, only your mother and you all brother and sisters have to sign the sale deed.

3. They do not have to sign at all.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

It is not ancestral property

2) it is self acquired property of father

3) on his demise you have one sixth share in property

4) grand children have no share in property

5) signatures not necessary on sale deed

6) they can execute POA if required but has to be attested before Indian consulate

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.

So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four.

We suggest you that through a lawyer prepare the family settlement agreement/ partition deed, wherein you define your share/ percentage and get the same registered before sub registrar .Incase of any dispute then you will have to file a partition suit and this will take a longer period of time

Both the procedure can be done during the lifetime of your mother.

However your father died with a Will and your mother is the owner by virtue of Will, then your mother can execute a Will during her lifetime diving the share equally amongst all sibling. This Will becomes operative after death of your mother.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

The legal heirs of your father are widow, children and mother

Grandchildren are not legal heirs

Only your mother, you, your siblings and your father's mother, if she is alive, are required to sign sale deed

So your lawyer is correct

If buyer lawyer insists that all family members including grandchildren should sign, then for those members who are presently not in India - - - the sale deed can be couriered to those members and they can sign before public notary and courier back the signed sale deed to India, together with a power of attorney signed before Indian consulate for appearing before registrar on their behalf to confirm their signatures on sale deed. So your lawyer is again correct that GPA by such members can be taken

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Citation

UTTAM …APPELLANT

VERSUS

SAUBHAG SINGH & ORS. RESPONDENTS

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir as the property is purchased by your father then in that case you along with your siblings and mothers have the right over the property and you all have to sign the sale deed your children and siblings children have no right over the property.

1. Family tree all family mebers but for property all are not required.

2. See in case the nature of the property is not ancestral then the niece and your children has no right and they are not required to sign.

3. Yes they can execute a POA in the favour of any family member but it wont be required.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Property will inherit in children and mother by 1/6th each. No right of grand childrens.

There sign or consent not required.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. There signature are required in order to avoid any future dispute.

2. There is a legal maxim which says that 'ignoratia facit non excusat' meaning that ignorance of law is no excuse.

3. Yes they may execute the GPA.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. The names of all the legal heirs of your father are required to be mentioned in the family tree for availing the legal heir certificate from the ward commissioner o your local Municipal Corporation which you can get within one month. the said legal heir certificate of your father will clearly show who have inherited your deceased father's properties for executing a sale deed .

2. The names mentioned in the above legal heirs certificate are the rightful heirs of your father's properties and they only are required to execute any deed of conveyance for transferring the said property inherited by them. So, your lawyer is right and the other side lawyer is absolutely wrong for the reasons mentioned above.

3. They are not required to sign the sale deed as explained above.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

All those who are first class legal hairs, after that legal hairs of first class legal hairs and so on.

All the adult members should sign and for the minors their parents should sign. Any person not signed may claim at the later stage so in case not present should provide POA.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Answerd by Adv kavery Anand Bangalore in the family tree to be included members of whole family.. oldest generation to be on the top and newr generation.. at the bottom... And better every on sign for NOC... For dividing and sale... the property.

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Dear Sir,

My answers are as follows:

1. In the family tree who are to be included ?

Ans: It must include great grand father down to great grand children. It is effective and valid genealogy.

2. The prospective buyer's lawyer says that all the members above 18 years of age should sign in the sale deed at the time of registration. Two of my nieces are abroad. It will be difficult for them to come and sign in the sale deed. My lawyer says they are not required to sign in the sale deed. Since we do not have any knowledge of law we are confused.

Ans: If co-parceners/ co-sharers then they have to give NOC or GPA or release deed or sign as consenting witnesses. Usually the buyers on faith as some of the family members permanently residing abroad may not return and claim the property, on such presumption without their signatures properties will be purchased.

3. In the event they are also required to be signed, can they execute a General Power of Attorney ? The buyers lawyer says 'No' whereas my lawyer says 'Yes'

Ans: Yes, they can. If they are not aggrieving with each other opinion of third expert may be obtained. Both of them seems to be acting to protect the interest of their respective clients.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. This family tree certificate pertains to your deceased father, hence you can restrict the members to your generation alone i.e., to the extent of class I legal heirs of your father, consisting your mother, yourself and your siblings. The next generation wards need not be included for the purpose of succession of the property and its disposal.

2. The insistence of the opposite lawyer's suggestion that all the members of the family to sign the sale deed is not in the provision of law of intestate succession, therefore it is incorrect to insist on it and he may be asked to cite the provision of law requiring this situation.

3. The buyer's lawyer is incorrect in his opinion about signing of the sale deed by all the wards who are not class I legal heirs to the deceased

Your lawyer's acceptance to that lawyer's opinion is unfortunate.

Both of them may be asked to specify the relevant provision of law to prove their contention.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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