Hi, I’m planning to buy an ancestral property of 1000 sq. yards in a village. Below are the details: • Owned by my paternal grandmother’s brother. • The brother died long ago, and his wife has also passed away recently. • He has 4 children, 3 sons (all in their late 60s and 70s) and 1 daughter (in her early-60s) • Two of the children (1 daughter and son) have settled in USA and they have now become naturalized citizens. • Grandchildren (1 female and 2 male), three of them were born in USA. So, citizens of that country by birth. • Three other grandchildren were born in India (2 female and 1 male) but have settled in USA probably having a green card or citizenship (not a 100% sure on the status). • No will was ever drafted, so let’s consider all his children have equal rights. • All grandchildren are above 21 years old. Sorry, for the complicated list of heirs, but I want to be a 100% sure before I buy this. Here are a few questions: 1. Does everyone need to consent and sign on the sale deed? 2. As many of them are in USA, can there be any other arrangement made? Like a no objection certificate which can later be obtained? 3. How about grandchildren, do they have rights? If so, need to get signatures from them?
1. If the owner died before 3005 then the daughters or their children need not be party to the sale deed.
2. The parties residing in USA can give locally notarized POA in favour of their close relations to represent then during registration process.
3. Grandchildren from sons have share in the property.
Kindly clarify on what basis you say it is ancestral property
2) property which has remained undivided for four generations is ancestral property
3) if it is not ancestral property only signature of 4 children is necessary
4) mere NOC is not sufficient
5) if it is ancestral property their signature is required
Hello,
Here if all legal heirs can come for particular 2-3 days in India and make sale deed registered in front of sub registrar this is one option.
Second option is take a POA signed on your name for redevelopment rights for that particular plot for 999 years in front of Indian Embassy in the USA by each legal heirs and send to you that copy. The same copy you can registered here in sub registrar office.
- As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e. an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property.
- Further , the Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.
- In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
- Hence , if he died before the passing of the above said judgement , then his daughters have no right over the property , and hence their legal heirs also having no right as well.
1. Yes, you should take signature of everyone .
2. They can give SPA /POA in favour of any relative in India for signing on their behalf .
3. Yes ,
1.Yes.
2. You need to execute registered relinquishment deed in the said case. It has to be attested in hi commission or consulate in that country and later registered in India. If you cant come poa needs to be also taken in same manner.
3. Yes if it's ancestral property then you need children consent also with it. If minor is involved then you need permission under guardian and wards Act from court.
1. The children that is 3 son and 1 daughter need to sign the sale deed. The grand children has no right as such on property in life of their parents.
2. The US citizens can sent a notarized power of attorney in favor of their relatives in India to register the property in your favor.
1. Yes all need to sign.
2. Get a digitally signed poa from them.
3. Yes they do have rights
If the property was self acquired property of your paternal grandmother's brother then only his four children (3 sons and 1 daughter have a right to that property). In such case it is not an ancestral property according to law. Ancestral property is one which is going on for 4 generations or above. According to the facts stated, there are only three generations.
Coming to your questions:
1. Everyone having a right in the property has to consent by either signing on the sale deed or giving a power of attorney to one person, authorizing to sell that property on their behalf.
How to determine who has a right?
If it was self acquired: All the four children have a right.
If it is ancestral property: All the three sons and the grandsons have right. If the brother had passed away before 09.09.2005.
2. NOC won't be sufficient. Please adopt the aforementioned procedure.
3. Grandchildren have rights only if it was an ancestral property.
Hope this helps.
Best wishes!
This property belonged to your grandmother's deceased brother.
He is reported to have died intestate, meaning thereby his property devolves equally on all his legal heirs whether they are Indian citizens or foreign citizens at this stage.
Therefore his children being legal heirs to succeed his property should execute a joint registered sale deed in your favor to make sale legally valid.
However their next generation children need not sign the sale deed papers even as attesting witnesses.
The children who are settled in a foreign country, if they are unable to visit India to execute the registered sale deed ion yor favor, then they can execute a POA deed in favor of their close relative in India authorising the said power gent to execute the registered sale deed on their behalf in favor of the buyer.
3. If the parents of the grandchildren are living then the grandchildren are not required to sign the sale deed.
1. This is not ancestral in the first place. Under Hindu Law, for a property to attain ancestral character, it must have remained undivided for four generations.
2. If the owner passed away intestate then on his demise the property owned by him devolved through intestate succession on his children equally.
3. Only the children of owner are competent to sell the property to the extent of their share. They are the ones who have to execute the sale deed.
4. The grandchildren of original owner, during the lifetime of his children, have no share in the property, hence their consent is not required.
5. The co-owners who are in USA may execute a GPA in favour of a blood relative to authorise him to sell the property for and on their behalf.
Dear Sir,
Everyone need to give his/her consent and sign on the sale deed. The persons in USA can sign the relinquish deed at the embassy and send here with the validation. This will absolve them of the issues of coming here in India and sign the sale deed.
Is this land is grandmother’s brother self acquired property. And do any grand child married and have child ?
IF this is self acquired property of grandmother’s brother and no great grand child born yet than property has not acquired ancestral status.
All 4 children can jointly sell the land or any one can on behalf all through POA. Grand children right not accrued yet.
ancestral property cannot be sold without consent of successors.
Relinquishment deed / release deed required it should be duly stamped and registered.
1. Yes everyone need to give consent for sale of property because it is an ancestral property.
2. You can ask them to provide special POA in favour of their family members living in India for execution of sales deed in your favour
3. Yes they can claim share from ancestral property so you need to get their signatures as well.
For a foolproof and dispute free rights on the property all should be made part of the transaction.
Grandchildren have rights and hence they should also sign.
A relinquishment deed must be prepared and given to you and you may then proceed accordingly.
