My father name is Srinivasa Gupta. Srinivasa Gupta father name is venkatayya Gupta (my grand father). Venkatayya Gupta father name is Ramaiah (my great grand father). There is one very old house and it is not registered. No property documents exist for that house. From past many years to till now we are paying house property tax in the name of Ramaiah. Now to sell this property whose signatures are required ? I want to know whether venkatayya Gupta daughters signatures are compulsory required to sell the house ? please clarify.
Now first you to note down family history tree of Ramaiah's all legal heirs. and check who soever are alive as of now those signatures needs to take.
If you do not want to give any shares to any generation of daughters than kindly get transferred first property papers on your name and then sell this property.
Because at the sell of ancestral property all daughters signatures are important. so better you prepare relinquish deed on your name and than sell the property.
Yes, property has acquired ancestral status. Daughters of venkatayya and every lineage has share in the property. But can find the way out.
File a succession Certificate case.
Get the succession Certificate for that house in your favor and than the signatures of the daughters will not be required
1. IF property stands in name of "Ramaiah" and if he had died without executing any WILL document, THEN "ALL" the residual legal heirs have EQUAL stake /right /claim in such Property, without any exceptions, whatsoever.
2. Property can be sold by mutual consent signatures of ALL of the residual legal heirs, who will sign as "Consenting & Confirming Parties" on the Sale Deed.
3. Persons who are not available or are abroad, can give a registered Power of Attorney (POA) to a particular person, who will represent them in the SRO office during registration process.
Yes daughters of venkatayya Gupta signatures are required for sale of the house
on demise of Ramiah and his wife his son and siblings had equal share in property
It's not clear when did your grandfather die and whether this property was his self acquired or ancestral property.
If the property was his self acquired or he died after 2005 then your aunts have share in it and hence without their signature the house can not be sold in full share.
We dont want to give share to any generation of daughters. To find the way out we are planning to do like this: My father has 2 brothers, their sons will first sell the property to me because of doing this the house will be registered on my name and also we can make a property document. After the property is registered on my name we are planning to sell the house to someone else. Can we do this ? Daughters are aged and also not interested in this property. They don't have any patience or interest to fight legally in the future.
Dear Sir,
As per the law the in vogue, the signatures of the daughters of Venkatayya Gupta would be required for the sale deed of the said property.
You would not have clear and marketable title to property
2) request daughters to execute registered relinquishment deed for their share in property
If your aunts have share in the house then it's not important whether you want to pay their legitimate dues or not.
In such circumstances no valid title will pass to the purchaser leaving your aunts aside and hence you can either miss any buyer or later face criminal case of cheating.
Now if your aunts are not interested then get a release deed registered by them or make them co vendor in the sale deed.
All the residual Legal Heirs of Grand Father can execute a Registered "Family Settlement Deed", with mutual consent and signatures in your favor, for all rights over the said property. This Deed would be legally sufficient for all futuristic legal purposes such as Sale /Transfer /Gift /Donate /Mortgage /whatever....
If they are not interest than why don't you make relinquish deed and along with your cousin name insert their names too in the agreement and take their signatures in the registered office in front of sub-registrar so this will be legal documents.
In this situation also, they can challenge the sale.
And after daughters demise, their children will inherit her share, they can challenge the sale.
1. If there is no legal heir of Mr. Ramaiah other than Mr. Vankatayya Gupta, the for selling the peoperty, the signatures of all the legal heirs of Mr. Venkatayya Gupta, since deceased, including his daughters will be required.
2. If Mr. Ramaiah had other legal heirs also apart from Mr. Venkatayya Gupta, then the property will be shared with them accordingly.
1. Your such act will be illegal in the eyes of law.
2. Daughters are entitled to have share of their paternal properties irrespective of whether you want it or not.
3. To avoid giving shares to the daughters. you shall have to get relinquishment/gift deed registered by them either relinquishing or gifting their shares in your favour.
- Since, you are paying the house tax in the name of Ramaiah , hence it can be considered that the property was in the name of him.
- After the death of him i.e. your grandfather/grandmother , this property would be devolved upon his legal heirs , i.e sons & daughters.
- Further , if your grand father/great grand father died before 2005 , then his daughters cannot claim any right over the property left by him, and their signatures are not required accordingly
- Hence , the property would be now distributed your father and uncles.
- However, in the absence of documentary proof of the property , you can do as you mentioned in your query.
Yes all shareholders/legal heirs signatures are required if the said property is not self acquired property of one person
Without proper title document to the property, nobody can claim title to the property.
However it appears to be ancestral property since the property has not been partitioned so far for the three generations.
It is an ancestral property in your hand and your will e eligible for a share out of your father's share in the property.
Your father's male and female siblings are entitled to one share equally in the property out of their father's share in the property.
In fact signatures of yours and your siblings are also required to sell the property but before that the title of the vendors has to be established through revenue records and by an order of court of law.
The suggestions made by you is illegal.
If old aged daughters of your grandfather decide to fight for their respecitve shares through their wards then your current suggestion may be considered as an illegal act and an offence under criminal law.
Instead of getting into a legal tangle, you may better talk to the female siblings of your father and ask them to execute a registered release deed relinquishing their rights in the property, after which your father and his male siblings would become owners of the property.
After that by a registered partition deed among the brothers, you will find a title document by a registered deed, which will enable the sale of the property either individually or jointly by all those who are desirous of selling the property
Venkatayayya Gupta's Daughters signature is required since she is the legal heir of said person, on his death she will also have share in the property alongwith her mother and her siblings.
What ever you do to defeat the right of daughter it will be a futile exercise and it will complicate the things.
The better option could be, you take the consent of your aunt i.e., obtain Release Deed / Relinquishment Deed form her with regard to her share of property.
Thus, you need not complicate the things. The title flows to you with one transaction. Going by their position age etc., better convince them and follow as stated above.
The legal hairs for this property will be the legal heirs of ramaiya and there after the family tree can we meet to know that who is the title holder of the property.
The property is ancestral and hence all the children of Mr. Ramaiah are heirs to the property. Their signatures are required.
If they do not object today or in the future that is ok. But if you don't take their consent then their heirs may raise objections in the future.
You may proceed as per your plans but keep in mind the heirs of the daughters.
Venkatayya Gupta (my grand father) died before 2005 and it is not his self acquired property. It is ancestral property. I want to know whether Venkatayya Gupta daughters signatures are still compulsory required to sell the house ?
The their signatures are not required
Then you require every one signature who is legal heir in the said property
as the property belongs to Ramaiah his children do have a share. Although women didn't have a share back then in the ancestral property. So they don't have a share although now the daughters will have a share.
Property which has remained undivided for four generations is ancestral property
2) if it is ancestral property then daughters would not have any share
Daughters and sons of Venkatayya Gupta sign are required.
This property belonged to their father and they are still alive hence as daughters of Venkatayya Gupta they are entitled to a legitimate share in the property as per the Hindu Succession Act 1956.
Therefore it is advisable that you may better get a registered release deed from them which will solve all your problems.
No.
1. IF property is classified as "Ancestral Property" (which is atleast four generations old), THEN even the mentioned daughter's (or their legal heirs) are entitled to their share or their signatures are required on any transaction /dealing related to such property.
Yes, all daughters signature are important which comes under "Ramaiah's" family tree.
As per the law the in vogue, the signatures of the daughters of Venkatayya Gupta would be required for the sale deed of the said property.
Yes, Venkatayya Gupta's (VG) daughters signature is required i.e., they being the legal heirs of VG.
1. Ancestral,property bis differently defined and it is not an ancestral property. Ancestral property is defined as the property flow of title of which has not been interrupted for four generations i.e. from great grandfather to great grand children by virtue of gift/sale/partition/settlement deed and/or will.
2. In the instant case the daughters of Vankatayya are the equal right holders of the said property for which their signatures are required for selling the same.
- Before 2005 only sons had a share in ancestral property, which is defined as one that is inherited up to four generations of male lineage.
- However, after the amendment in the Hindu Succession Act, 1956, both daughter and son get an equal right to this property by birth. So, in such situations, a father cannot will such property to anyone he wants to. By birth, daughters have a share in the ancestral property.
- But since Venkatayya Gupta died before 2005 , hence daughters cannot claim any right over the property left by her father , and hence your grand fathers daughters signature not required to sell the house.
Good luck and dont forget to rating Positively.
1. You should first of all get family tree if Ramaiah because the property is ancestral.
2. Signatures of all legal heirs(according to family tree) of Late Mr. Ramaiah is required for sale of property.
3. Yes signatures of daughters of Owner is required even if mr. Ramaiah is expired before 2005.
1. Property tax receipts do not create title to the property. They only indicate possession of the property by the person in whose favour the receipts are drawn and issued.
2. Title to a property originates from the sale deed alone. Nobody can sell the house as nobody has title to the property.
1. Unless it is found out who was the original owner of the property it cannot be said whether property has attained ancestral character or not.
2. Conduct a search in the office of sub-registrar to find out the title deed of the property.