Since it was an ancestral property you cannot purchase without consent of all legal heirs.

Hello,

From who will you be purchasing the property?

Who has the title of the property?

If all the legal heirs have not relinquished there right then it is advised that you get NOC from all the legal heirs.

Regards

You'll have to take signatures from all the legal Heirs , including great grandson as as the property is ancestral in nature and all the members have equal rights in the property.

Hi, the property is inherited by all the legal heirs ..you have to see mutation of Land at the tehsildar office , to confirm the ownership title of the Land..

Cannot proceed for registration before taking the signature of great grandson as he can later file a case for cancellation of sale in Civil Court.

Also, you would have a very good prima facie case against the other family members as he has a lawful share it in the property, which cannot be taken away.

Do take NOC from D as he has the rightful share in the property as of now.

Regards

Sir if the property is still in name of great grandfather and not partitioned it would be better to take consent of the grand sons and ask them to sign as witness in the sale deed. Further though the property can be purchased as it is devolved through intestate succession and further partitioned.

it would be better to obtain consent or NOC from the grandson in the said issue so that there is no future claim

It is better you obtain signature of great grand son

2) after purchase of property by you he may file suit claiming share in property

3) litigation in India is long drawn and expensive proposition

Grand sons can sell the property

2) however to avoid legal complications obtain great grand son signature

1) If great grand son is major than one need to take sign of his i.e. Of D should sign agreement. GPA is not valid.

If the property is still not partitioned you need to take signature of all the concerned heirs who are having right in the property if not their is possibility of filing suit by one of great grandson claiming share on ancestral property will arise as such its advisable to take signature of all concerned legal heirs who have attained majority. You need to take signature of great grandson in gpa or in sale deed which will be registered in your name.

Please be aware that a property of great grandfather without the will automatically vests in his legal Heirs as in this case the great grand father expired without any will so all the legal hairs will have share in the ancestral property and will have to sign on the GPA to dispose the property if somebody has not signed with GPA GPA not complete for sale.

Dear Sir,

Firstly you must know that GPA sales from 2011 are banned as per following judgment by Supreme Court.

Secondly you must take consent of all the family members including major grandsons on the sale deed as consenting witnesses are NOC from them.

The children and grandchildren can claim under the Will which was in their father’s or grandfather’s favour.

The inheritance in respect of ancestral property is as follows:

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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.

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No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Hi

1) The Property has passed down to four generations(Great Grand Father(A), Son (B), Grand Son(C) and Great Grand Son(D) and hence it has acquired the nature of being ancestral property.

2) Given that the property has become ancestral in nature, all the family members of (Great Grand Father(A), Son (B), Grand Son(C) and Great Grand Son(D) have an interest in the said property.

3) Also , subsequent to amendment of Hindu succession act in the year 2005, female members are also entitled to claim a share in ancestral property . Given this amendment, the date of demise of Great grand father acquires significance and if there are any female members (daughter, grand daughter) as of date of demise of great grand father, they will also have rights in the said property.

4) Hence, In your case and in order to avoid any future litigation, you should get consent of all family members(both male and female) including Mr.D who is the great grand son.

5) Please ask for family member certificate of each of the following i.e great grand father, son, grand son, great grand son so as to ensure that you are aware of the whole of the family members.

6) All of the family members(both male and female) should compulsorily sign the sale deed (either in person or through registered GPA) in their capacity as "SELLERS".

Hope this information is useful

1. Since Great Grand Father expired without making any will, ALL the residual legal heirs have equal share in his property.

2. ALL such the residual legal heirs, MUST compulsorily sign the Sale Deed, as consenting parties, WITHOUT which it becomes 100% disputable and court cases. Hence do not fall pray to such deals.

Keep Smiling .... Hemant Agarwal

It is not known whether the property is ancestral min nature and who sells the property and in what capacity.

Your vague query may not fetch any proper opinion to this issue, hence is advised that you produced the property related documents before a local advocate and get his opinion in person so that all the doubts/ambiguities will be cleared.

Registered GPA deed in favor of the power agent executed by all the shareholders shall be valid, the great grandson has nothing to do with this, however you may obtain legal opinion by producing all the relevant documents before a local advocate before purchasing it.