• Property share clarification

1.We are Christian. My window Grandmother sold the property 28 years back to my dad for her daughter marriage expense but there is no signature of my aunty on the will. My grandfather is a farmer and he did not leave any source of income. My dad was looking after the family, as per christian law if the property does not give any source of income atleast 5,000 rs the whole property belongs to my grandmother and she has right to sell the property without their children's consent is this correct.
Asked 3 months ago in Property Law from Nagercoil, Tamil Nadu
Religion: Christian

No it is not correct at all

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

Consent of children is not necessary for grand mother to sell her self acquired property 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

Hello, 

No this is not correct and the property will be divided as per the Indian Succession Act and the income from the land will have no effect on the nature of the property. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

your grand mother can sell her property without consent of childrens.  

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

Incorrect.

Grand father property would have inherited i/13rd to mother and 2/3rd to his children. Grand mother can give/sell her share only.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

Your understanding is right.

Moreover your aunt had been keeping silent about this so far hence even by adverse possession he can perfect his title.

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

Yes if the property belongs to your grandmother then she can sell the property without consent of her children and the sale to father is valid and now your father is owner of property even if your aunty doesn't sign the will. 

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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