• Transfer of property

Hello experts,
My grandfather owns a property jointly with his elder brother in New Delhi. The size of the property is 85 sq. yards. My grandfather died in 2015. 
He was survived by (2 sons and 2 daughters, the wife are dead). On the property papers, it is written "vendees in equal shares". There is a dispute between legal heirs regarding the property. My father wants that the property should be transfer to the brother of my grandfather. Is this a joint tenancy or tenancy in common? If this is a joint tenancy then how should the property be transfer to his elder brother's name? 
Thanks
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

1. In the absence of a Will, the property of the deceased shall be equally distributed between the residual legal heirs (his Brother, his own childrens).

2. IF the Childrens do not want any share in the deceased's property, THEN all the residual Legal Heirs can execute a registered "Family Settlement Deed", in favor of the deceased's brother, perpetually relinquishing all rights.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Sir the grand father and his brothers are equal owners of the property so the 4 legal heirs of the grand father will be equal owner in the property meaning thereby the brother of grand father has no right on grandfathers 50 percent share the same shall be equally divided in 4 legal heirs that is sons and daughters.

if you then also wish to transfer same to brother then in that case a relinquishment deed need to be made by all legal heirs giving up there rights in property to uncle.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If the property is purchased by your grandfather than it will get distributed among all legal heirs equally.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hello,

If he was the owner of the property then the concept of tenancy will not chip in (correct me if I am wrong or I am not able to understand some fact).

The brother of the gradfather is the joint owner of the property.

The legal heirs of the grandfather shall relinquish the share and thereafter the property can be mutated to the name of the concerned person.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir,

You can approach the court and file a suit for partition to ger the best results.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

grand father and his elder brpother are co owners of the property

2) both have equal share in property

3)on grandfather demise his share would devolve on your grand mother , father and his siblings

4)your father can execute gift deed for his share of property in favour of grand uncle

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear client,

In the absence of will and where the share isn’t allotted to anyone then the property is wholly divided equally to all... better you share the property equally to all or else it would turn to litigation..! You better make partition deed separately.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

If yourgrand father die intestate, then your grand mother as well as all siblings will have equal share.

If they sell or transfer it without your consent then u can cancelled that registered sale deed in court of law.

You can file a civil partition suit in your jurisdiction court.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

After the demise of your grandfather, his share has devolved upon his legal heirs, which include his 2 sons and 2 daughters.

Your father is free to transfer his 1/4 share in your grandfather's share in this plot to his uncle(elder brother to your grandfather.)

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

grand father and his elder brother both have equal share in property

In the absence of a Will, the property of the deceased shall be equally distributed between the residual legal heirs (his Brother, his own childrens).

If Childrens do not want any share in the deceased's property, Then only all the residual Legal Heirs can execute a registered "Family Settlement Deed", in favor of the deceased's brother.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

Your father is one of the legal heirs of your grandfather who is reported to have died intestate.

The property is jointly owned by your deceased grandfather and his brother, hence your father's share in the property shall devolve equally on all his legal heirs consisting two sons and two daughters.

If your father wants to transfer the property to his paternal uncle then he can execute a registered release deed or any other mode of valid registered transfer deed in respect of his share in your grandfather's share in the property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear

The share of your grand father will devolve upon his legal heirs and not to his brother however if you still want to transfer it to his brother then it can be done thru RDeed.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Ask a Lawyer

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