• Buying ancestral landed property in Telangana. Owner having 2 sons and 2 daughters.

Buying ancestral landed property in Telangana. Owner having 2 sons and 2 daughters. One of the daughters died leaving two minor children. The minor children are under guardianship of Owner grand father. Both sons and one daughter are signing the sale deed.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

Property which has remained undivided for four generations is ancestral property 

 

 

2) merely because grand father inherited property from his father would not make it ancestral property 

 

3) during grand father lifetime his children and grand  children have no share in property 

 

4) if it is ancestral property then for sale of minor share in property  court consent is required 

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Consult a local lawyer before you purchase the property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can register property in your name by making owner and his 2 sons and living daughter sign the sale deed if it is not ancestral property 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. If the owner has died and then on death of him both his son and daughter inherits it in equal share and then on death of the daughter her two minor children will inherit her half share as well.

2. Now though their grand parent can represent them as natural guardian in the sale deed for legal necessity, the transfer of minor's share without the permission of court is voidable at the option of the minors on attaining majority.

3. Hence first take leave of the court to transfer the minors's sahre and purchase the property. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

For minor share permission from.the District court need to be obtained. 

Further in case property is received after partition and is in name of owner no permission from son daughter or grand son required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes he can sell you the property without any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can purchase the property by paying consideration and making son and daughter witness in the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello, 

yes you an do the same and make the said purchase 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

the guardianship has been given by the court or it is just the custody after the death of the mother 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Yes you can go for the registration of the property in your name and all the legal hairs of the ancestral property title holder should sign and the registration deed so that in future they should not make any claim on the property in case any of the legal hair has not signed the registration date as a witness then in future I can claim the share in the property and create a dispute of title

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

the said ancestral property will also have share of minors and the guardian without court order cannot sell or transfer his share.  They may claim the same in future. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Hi,

From the description given by you, it is clear that property may be purchased hassle free. You are suggested to get the things endorsed in sale deed that the grand father is also signing on behalf of minor children of his daughter.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Client,

You can purchase only 3/4th share, deceased daughter 1/4th share inherited in her minor children which can be sold by court order only. Sale without court order, they can challenge the sale on becoming major. 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Before purchasing Ancestral property consent of all successors required. Without consent of successor in future may be someone challenge.  So be careful  before purchasing ancestral property review property documents to an local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

  1. As the property is the nature of the ancestral one, all would be having equal share in it.
  2. Even the minor of the deceased daughter would be having share in it.
  3. But as they are minor, grandfather would have to sing on their behalf also stating the same in the sale deed.
  4. And please try to make everything in detail into the sale deed to avoid any future dispute.
  5. You can also contact me for further details to be included in the sale deed to make it more beneficial for you.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

If the property is on the name of the grandfather even though he had inherited the same form his father or forefathers as his share, shall become his own and absolute property hence there is no question of ancestral property anymore on it.

If this confirmed then there is no necessity to get the signature of anyone including his own sons and daughters or the legal heirs of the deceased daughter for selling the property to the prospective buyer.

In any case you may obtain a legal opinion from a local lawyer who will recommend the purchase if it is worth buying without any legal hassle.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If that is the case then it cannot be considered as ancestral property instead it will be his own and absolute property.

However you may obtain a legal opinion before buying it.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

There is no necessity for the signatures of the children of the owner to execute the registered sale deed in your favor however you may go ahead with your proposal for exercising an abundant caution

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Firstly on what basis do you say the property is ancestral.

2. If it is the self-acquired or separate property of the man then during his lifetime none of his heirs has any share therein and he is free to sell it.

3. Engage a local lawyer to conduct due diligence to ensure that title of seller is free and marketable.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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