Transfer of property to Son and Daughter with condition
My Grand ma age is 70,(Grand father expire)Now she want to transfer property to 3 son and 3 daughter with some condition
1-No one can sale life time ,children also(Is Possible)if not possible tell me some other way?
2-if Any one sale part of property, Agreed of all 3 son and 3 daughter is necessary.
3-they only live and Construct/Maintain, if need
Electricity bill paid by individual,water tax,house tax,sewage tax paid by each son individual
so please tell me which deed is suitable for future.
2 condition is Optional when 1 is not possible.
Asked in Property Law from Varanasi, Uttar Pradesh
1. Who is the owner of the property?
2. If the owner is your grandmother she is at liberty to sell the property to anyone she desires with any attendant fetters including the right to further sell the property.
3. A will can be executed by her to incorporate the conditions.
A. When a Hindu male dies without the execution of any will that property shall be partitioned between the all classes I legal heirs i.e,. Wife, mother, children. Does it mean that all the class I heir will have equal share over the property.
B. In your case, anybody can sell or transfer their respective share in respect of property without obtaining the consent of the others but the property identification should be confirmed. In such being, the purchaser should file a case for the same.
C. You Grand Ma can sell or release her portion of any children without obtaining consent, but she can not sell the whole property to any children without obtaining a release deed from the other children.
1) if your grand mother is absolute owner of the property she can execute a will wherein she can bequeath property to her 3 sons and daughters
2) she can in will mention that property can be sold with he consent of all the legal heirs
3) grand mother should not execute gift deed . It is in her interest that as long as she is alive she should remain absolute owner of the property
4) she can If she so desires execute conditional gift deed
5) contact a local lawyer
First of all how did the grandmother acquire the entire properties after the demise of her husband? She is entitled to 1/7th share only in the property so shall not be able to dictate terms on further disposal of the entire properties. The property that belonged to your grandfather has been left intestate after his demise, therefore in that all his legal heirs i.e., his wife and children will get an equal share in the properties legally, once they get their share in the property, it is their will and wish to transact with their share of property in the manner and procedure they desire so, nobody can object or obstruct it.
If this is an amicable partition and settlement thereon, no such conditions can be imposed, it is not legally tenable or maintainable.
Discuss with your lawyer on other probabilities.
1. Your grandmother can execute and register a settlement deed or conditional gift deed putting all the above conditions,
2. She can also execute a Will with the above condition and get it registered.