The present owner has acquired the property through a gift deed which makes it self acquired. Such owner reserves the right to alienate the property unless the gift deed had a contingent clause contrary to such right of the title holder.
Granddaughter's rights over grandfather's self-acquired property
a person died without leaving any WILL regarding a property(self acquired -agricultural land).then his wife registered that property to her daughter as a gift deed.now the present owner has a major daughter. 1.are there any further problems on buying that property without the permission of present owner's daughter? 2.Is the property ancestral property for owner's daughter? 3.is her daughter has any rights over that property such as inherited or any other?
Asked 9 years ago in Property Law
Religion: Hindu
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6 Answers
1) daughter permission is not required for purchase of property
2) it is not ancestral property
3) daughter had no rights on said property
Hi, After the death of a person the property devolves on the legal heirs of the deceased so all the legal heirs of the deceased have right over the property.
2. From your narration it is not clear whether deceased has only wife and daughter or any other legal heirs in the family.
3. From your narration if the property is gifted by the mother to the daughter then she becomes the absolute owner of the property so her legal heirs consent is not required.
1. If the owner of the agricultural land had no child other than the daughter in whose favour his widow made the gift deed then on his demise the property was inherited by his widow and daughter. So the widow could have made the gift deed in favour of her daughter.
2. If the gift deed is comprehensive then the children of present owner have no share in her property. So she does not require the consent of her children to sell it.
3. The property is not ancestral for her daughter.
1. When a person who has a self-acquired property dies intestate(without writing a WILL), then the property would devolve equally among his wife & children. In this case the details regarding the number of children etc., are not mentioned. To buy this property, one has to go through the genealogical tree(vamshavruksha) of the deceased person and then only can any body decide about buying this property or otherwise. The present owner's daughter's permission is not required because the property is not an ancestral property.
2. It is not an ancestral property to the owner's daughter.
3. The daughter does not have any rights over the property.
These answers are given based on your narration of the case. However it is better to engage a local lawyer to scrutinize the documents and give the correct legal opinion.
1.The daughter has got nothing to do with the said property during the lifetime of her mother which belonged to her mother. So, you can buy the property from her mother,
2. No. The said property is noy an ancestral property to the owner's daughter,
3. No. The daughter has no right on the said property during the life time of her mother and her mother can sell it to anybody she wishes to without caring to take consent from her said daughter.
