Grand children have no share in during parents lifetime
2) signatures not required of grand children
3) their presence in registrar office is not required
4) only the 3 brothers have to sign the deed of partition have it duly stamped and registered
Whose signature is required
We are three brothers who are inheriting properties for father as per Hindu law. Each brother has many sons and daughters (grand children). Brothers are going to divide the property by Partition deed. Kindly clarify the following: 1. Do the grand children or grand-grand children need to sign the partition deed? 2. Do they need to be present in the court for signing the document? 3. There can be many grand children who many be living in various cities or countries. How it is possile to bring them in the court to sign the document? 4. Or, only the three brothers need to execute the partition deed?
Asked 4 years ago in Property Law
Religion: Hindu
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16 Answers
1. grandchildren or great-grandchildren are not required to sign the partition deed,
2. no need to sign or present,
3. no answer required
4. only three brothers are required,
I am considering the fact that the three brothers are the only First-class legal heirs,
(these three brothers have no other brother - living or deceased, sister- living or deceased, and mother)
1. Grand children have no share in the property of their grandparents during the lifetime of parents. So they do not have to sign the partition deed, but they can be witness.
2. They do not have to be present in the office for registration of the partition deed except if they sign as witnesses.
3. The partition deed has to be among three brothers,
1. In the case of partition of ancestral property then the grand children having share in the land they should take part in it as well. .
2. yes if they are signatories of the deed and adult.
3. the outstation parties can give a POA to anyone of them to represent in registration office.
4. No if the property is ancestral.
Only three brothers need to sign any partition or other transactions deeds.
If ancestral property then major grandchildren signature required.
If they are minors then court permission is required under guardian and wards Act.
No other choice. They need to give their permission themselves or through poa.
All legal heirs need to execute otherwise later litigation claims will arise
1. What are the documents required for filling a partition deed (other than partition deed)? 2. Is it true that once the ancestral property is divided among brothers, then that property becomes acquired property of that brother? 3. If above is true than is it true the children of that brother have no inheritance right in that property during the lifetime of the brother?
Asked 4 years ago
1) you need identity proof of the parties to partition deed like aadhar card , passport etc
2) once ancestral property is divided among brothers it ceases to be ancestral property
3) property which has remained undivided for four generations is ancestral property
4) children can claim share in ancestral property
5) state detailed facts of your case
1. No there signature is not required.
2. No they are not required to be present.
3. See only son or daughter that is legal heirs of the father are required to be present.
4 the three brother need to execute the deed.
If great grand children are also born than every generation have share. Brothers can execute partition of 1/4rd share each and in that 1/3rd share of each, their children have share.
Their sign dose not require for partition of 1/3rd share each. Not court but sub registrar office for registration of partition deed. Their presence can be avoided.
Partition deed will draft and along with it copy of sale deed will attach through which father had acquired the property.
After partition, it becomes self acquired property and on birth of 4th generation, property resumes ancestral status at the hand of each brother.
1. No if the property is aquired by grand father then it will not be considered as ancestral property for grand children so their consent is not required for partition between brothers.
2. No their presence is not required.
3. Only three brothers are required to execute the partition deed.
4. IDs and address proof of all parties of partition deed are required.
5. Yes it will become self acquired property of owner.
1. If it is your father's proeprty then your children of grandchildren are not entitled to any share in the share of the property that you will be inheriting by this registered partition deed, hence their consent or including their names in the partition deed is not at all necessary and there is no legal infirmity in not including their names.
2. Not necessary
3. They are not necessary.
4. The three brothers who are entitled to the share out of your father's property shall be sufficient
1. The previous link title documents, tax receipts, death certificate of your father, legal heirship certificate and any other relevant documents pertaining to this property.
2. Your understanding is absolutely right.
3. Again your understanding of the prevailing law in this regard is absolutely right.
grand son consent not required.
only class1 legal heirs (3 sons) consent required.
The documents that are required to be produced address proof, PAN or Aadhar card, a photo copy and the details of original link document before partition.
Once an ancestral property is partitioned
between the family members, it would cease to be ancestral property.
1. Documents related to title of property.
2. Yes.
3. Yes
1. No documents are required to execute the partition deed.
2. After the division of ancestral property the individual share which falls in the hands of every coparcener becomes his separate property which is at par with his self acquired property.
3. The separate property would also devolve in the same manner as self acquired property if the owner dies intestate.