Actually the ancestral property was inherited by our late Grand Mother by her father, after her death my aunt transferred the said inherited ancestral property to herself, my uncle and my dad (all of them died intestate) and hence the ancestral property still stands in their names and till date we have not got the said ancestral property transferred to any one of our names.
We have still not applied for letter of administration and are in the process of doing so.
As far as signing of the Agreement is concerned I just need your advice on the following:
1. Since the ancestral property is inherited one and as all the legal heirs have expired does/can the property go in my mother’s name after the death of my father or what?
2. If yes then can she solely sign the redevelopment agreement if made in her name alone or still we all daughters need to sign the same.
3. My brother died without making any will leaving behind his wife and three children i.e. two sons and one daughter. In view of the same does she along with her children need to sign the redevelopment agreement or not?
Awaiting your response on the same
Asked 2 years ago in Family Law from Mumbai, Maharashtra
The ancestral property has to be divided between all legal heirs. Your father's portion of property can be divided between you, your mother and your sister-in-law (in absence of your brother). Since all of you become co-owner of the property, you all have to sign the development agreement ( unless any one of you decide to relinquish his/her right in favour of others.