My grandfather had one home in ancestral property till today no one has made any will house is still on my great grandmother's name, except my grandfather 1 of his sister. My great grandmother has passed away in year 1990. My grandfather has passed away in 2010. My father has possession of property. My father also have one sister. Now question is. A. Since property is the name of great grandmother. Do we have to share this with my grandfather's Sister. B. What is way to get property registered in my father name.
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1 .if the property is in name of great grandmother father sister has no right over it.
2. See property need to be mutated in favour of father and his sister. Later if sister want to give up the property rights she can register a relinquishment deed in favour of the sister.
My question is for share of my grandfather's sister
1) you have to share property with grandfather sister
2) grand aunt has to execute gift deed or relinquishment deed of her share of property then only property can be mutated in father name
If property stands in name of grand mother she won't have any share in same.
The property can be amicably divided by making a deed of partition among all the legal heirs i.e the siblings of your father. Once the siblings sign the partition deed the property will be divided. If consensus is not reached then you may file a suit for partition in court.
Without consent of other legal heirs you can not transfer property.
If you need to get it done in no cost get a No Objection Signed by her in favor of your father.
No Objection stating that I have half of share in this property but since I dont need any benifit from it I therefore transfer my share in ______ as he being the sole owner of the property. I m Making this document without any fear coercion or under any pressure.
Else get a registration done in which ur Aunt's transfers her share by way of Gift. Here you need to pay Stamp Duty of the part transferred.
Else, file a decree in the court and courts order makes it happen this is time taking and little costly to do.
In any way she transfers her share to ur father will make it happen .
Since there is no will so both ends with 50 50 share in the property.
See you have to enroll all siblings name on the property card later on you can take relinquish deed from grandfather's siater if she is alive otherwise not.
Secondly you can mention your father's name by submitting family tree in the enrollment office of land records.
Hi, Since it is a ancestrol property, she has a equal right over the property..Your father can obtain the property through transfer or gift deed from all the legal heirs
this cannot be an ancestral property
ancestral property is one which comes down from a common male ancestor upto 3 degrees above the present generation i.e. property flowing from great grandfather to grandfather to father to son
so it will be self acquired property of great grandmother
on her demise it will go to her legal heirs who are her husband and children
so your grandfather and his sister would have a share in this property
your grandfather's share on his death will devolve on your father
your father thus cannot claim entire property
the grandfather's sister will have a share
Even though it is your great grandmother's property, it will not be considered as ancestral property since it has not descended from the patriarchal side.
It will devolve on the immediate legal heirs.
The property shall be divided into two equal shares, one for your grandfather and another share to his sister.
Upon your grandfather's intestate death, his share of property shall devolve again on his own legal heirs namely your father and his sister.
Now they both will be the absolute owners of their respective share of property.
The next generation, i.e., you or your siblings cannot claim any share in your father's share of the property as a right, at least not during his lifetime.
You can consult a local advocate on all such further issues.
Your grandfather's sister is very much eligible and entitled for her legitimate share out of her mother's property.
She can claim her share at anytime
A. No, your grandfather's sister can't claim her share in said property
B.after death of your grand mother property transfered to legal heirs (your father and his sister)
relinquesh deed in favour of your father by his sister and deed should be register and duly stamped or gift deed
