Grand children have no claim in grand father property. And Affidavit has no value, when all will be present at the time of registration than they should be c0 - seller along with mother and not witnesses.

Grand children have no share in property 

2) mere affidavit by sons and daughters is not sufficient 

3) they should execute gift deed or relinquishment deed for their share in property 

No, all have to execute registered release deed in her favor to transfer their rights. When all are available, what is the issue of being co seller.

Deceased father children are co owners of property 

2) sale deed should be executed by all legal heirs and not merely the mother 

1. Assuming that the owner of the property died intestate, then his wife and children are entitled to equal share in the property.

2. In the instant case, there are 4 legal heirs. If mother has to obtain the title as absolute owner, her 2 sons and 1 daughter have to execute a registered Release Deed relinquishing their share in the property in favour of their mother. Then only the mother can sell the property to the prospective buyer.

3.There is no need for the grandchildrens' signature.

- Since, all the certificates and other authority proofs are in favour of deceased wife , hence she is the absolute owner of the property, and she is competent to transfer the said property to the intending purchaser.

- Deceased fathers children are major , hence better to take Affidavit /undertaking separetly from them , as a safe transaction . 

- Further as , there are not any  written proof of surrendering LRs share in the name of the sellor , so, it is advised to prepare a relinquishment deed. If possible.

- Further, consent witness by legal heir will also certify the execution of sale deed. 

Kindly enter all of their names and prepare sale deed instead only mother. For e.g mother, son, daughter, and grandchildren names. Instead their name in witness because witnesses definition is different in the law.

1. The Sale Deed, MUST COMPULSORILY include the signatures of all the residual legal heirs of the deceased and they must sign as "Consenting & Confirming parties", to avoid any dispute in future.

2. Transfer of Khata or EC does not give absolute Title-Ownership & clear title to the property of the deceased.

3. A WILL document or a court order only can prove the transfer of Title-Ownership of the deceased's property.

It's better for the buyers if the grand children sign the said sale deed as consenting witness so that further claims can't be arised in the said property

No need to get signatures of grandchildren if class 1 heirs are ready to give consent.

grand children's consent not required. only class1 legal heirs consent required and all legal heirs should execute relinquishment deed. 

for valid sale deed all legal heirs class1 consent needed. sale deed should be executed by all legal heirs. 

1. ON the intestate demise of the owner his property devolved on his Class 1 heirs which are his widow and all children. The grandchildren have no share in the property during the lifetime of children. Hence, their consent is not at all required.

2. Nobody becomes absolute owner by virtue of having katha extract, katha certificate, house tax, encumberance certificate in his/her name as these documents are relevant only for revenue purposes. Ensure that the widow has a registered GPA in her favour which authorises her to sell the land for and on behalf of other heirs.

Separate cheque’s should be issued in name of each seller and TDS deducted accordingly 

consult a CA in this regard 

No problem. Capital gain tax will pay if exemption not avail. Same tax will levy in single name or 4 names.

First of all there is no concept of the legal heirs signing the registered sale deed as consenting witnesses.

All the legal heirs of the deceased owner have to execute the registered sale deed jointly in favor of the buyer.

There is no necessity for the grandchildren to sign as even witness.

Katha certificate is not a title document, by just transferring her name in the khata the wife of the deceased shall not become an absolute owner.

The children, who are also the legal heirs have to jointly execute the registered sale deed along with their mother.

By merely expressing their no objection the children cannot relinquish their rights in the property.

They have to abide the legal procedures or the law as prescribed in the transfer of property act in this regard.

The sale consideration amount have to be given to all the sellers either severally or by any other mode.

However if the sellers agree to express their no objection for the amount to be paid in favor of their mother,  you can obtain a NOC to this effect but the individuals have to pay the long term capital gains tax separately in respect of their share in the property.

Separate cheques should be issued or DDs prepared in favour of each co owner. 

No it will not create any trouble in future because consent for sale is must and consideration can be distributed by them through family settlement 

Yes it's beneficial point