On grand mother demise your mother and her sister are the legal heirs having equal share in property
2) grand daughters have no share in property during their mother lifetime
Legal heir of the property and who all should execute the sale deed
Hi ..iam suchitra.my grandmother (mothers mother) has one house on her name.she bought it from thirdparty(not inherited from her parents) in 1979.she had two daughters (my mom and mothers elder sister).iam the only daughter for my mom.my moms sister had two daughters(one daughter in USA and another presently in india).my grandmother died recently.my grand father died a long ago.the title deed is still on her name(my grand mother) i want to know who all are the legal heirs of the property my moms sister and my mom are not in good terms but my moms sister willing to transfer that house to me for which my mom is transferring another property which is on her name to her sister. i want to know the way that in future no complications should come..so for that what kind of deed should we have to execute ...if so should all the grand daughters also including my moms elder sister sign the deed or only my moms elder sister sign is enough.kindly guide me the way.... thank you
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
Your grandmother is reported to have died intestate hence the property left behind by her shall devolve equally on her legal heirs namely your mother and her sister.
Therefore they can draw an amicable partition deed between themselves and get the same registered.
After that if your maternal aunt desires to transfer her property to your name she can execute a registered gift deed in favor of you.
If the condition is by exchange of property by your mother to her sister and the latter to give her share of property to you, then instead of stretching the issue by this exchange arrangement, they both can amicably partition the property between themselves with the desired property to each other.
Your mother can later on transfer her share of property to your name by executing a registered gift deed which will solve the issue smoothly.
Please be aware that the children of next generation cannot claim any rights in their mother's property during their lifetime.
1. At avoid any futuristic legal disputes, "ALL" the related Legal Heirs can jointly sell the property/s with mutual consent joint signatures as "Consenting & Confirming Parties". This would be legally sufficient for all purposes.
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1. Your mother and also her said sister shall have to execute and register Gift Deed/exchange deed donating/exchanging the said properties with each other.
2. If that is not possible, then she can register a gift deed in your favour and your mother can register a gift deed in her favour.
3. The concerned properties are owned by your mother and her elder sister for which no one else is required to be involved legally while registering the said deeds of conveyance to be registered by your mother and her elder sister.
1. After the demise of your grandmother, if she died intestate, her property has devolved on both her daughters equally.
2. Your mom's sister can transfer her share to you through a registered gift deed.
3. If your aunt does not transfer her share you then she will remain a co-owner of the property, in which event sale deed will have to be executed by her and your mother.
Your mothers sister will have to relinquish her share in the property in favour of your mother. once she does that, your mother will become absolute owner of the property and thereafter your mother can transfer the property in your name by way of a gift deed.
Dear Sir/Madam,
Legal heirs includes the following in male and female.
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Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Section 15 in The Hindu Succession Act, 1956
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General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
