1) DS and DD have no share in property during their mother lifetime
2) it is self acquired property of grand parents
3) on their demise property would devolve on their son and daughter only
4) it is not ancestral property
Right of grandchildren over maternal grand parents’ property when mother is alive
Hello, I am trying to buy an agricultural land from a Hindu family. The land originally belonged to grandparents GF and GM. The grand parents had 2 children a Son( S) and a daughters ( D ). The property was the self acquired property of the grandfather G in 1958. Both grand parents have died without creating a will. Daughter D is alive and has a son DS and a daughter DD. While buying the property I am taking the signature from D in sale deed. Do DS and DD also have right over the property when their mother is alive and do I need their consent and signatures also ? As per Hindu succession law amendment in 2005, a daughter is also a Coparcener , and a girl child has similar rights as that of a son. Do DS and DD also become Coparceners when their mother is alive ? While answering the questions it will be very useful if you provide the references to the applicable laws.
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
You say that the property was a self-acquired asset of the GF, who died without leaving a Will. Then, the question of ancestral nature of the property is ruled out clearly. After the death of the GF and the GM, the property devolved on their son, S and daughter, D equally. As long as they are alive, their respective children cannot claim anything legally. Again, in your case, both S and D have to jointly execute the sale deed in your favour.
1. Since the property in the hands of the daughter (D) has the characteristic of self acquired property, there will be no need to take the consent and signatures of DS and DD.
2. DS and DD will not have any right over the property when their mother is alive and as such their consent and signatures are not legally necessary.
3. In the instant case, when their mother is alive, DS and DD will not have any right over their mother's property, as the property is considered as separate property having the characteristic of self acquired property in the hands of mother.
4. No details provided in respect of Son (S).
Firstly ascertain that the share of proeprty to the daughter has been legally given to her i.e., either by a registered partition deed or a registered settlement deed or any other legally valid mode.
In that situation the daughter will become an absolute owner of the property which she now proposes to transfer by sale deed to the prospective buyer.
Once she has acquired the property she becomes an absolute owner with clear and marketable title to the property, in that capacity she do not have to obtain permission or consent from her children to alienate the property that is standing on her name by a registered deed.
Therefore there is no necessity to get the signature of her children to sell this property.
You have been misguided of the existing law or you should have misinterpreted the law in this regard.
This is not an ancestral property neither her children or coparceners.
- As per law, after the death of grand parents , their property would be devolved upon his children i.e. son and daughter equally. .
- Further , if you are purchasing the property from the S & D , then the confirmation or consent of their children are not required legally.
1. As per Hindu Succession Act, the daughters will equally inherit the properties of their d parents, who died intestate, along with their brothers.
2. When since their mother is alive the daughter's son and/or daughter has no right on the sid property inherited by their mother.
3. So, ordinarily you need not take any signature from DS or DD as per law while buying the property from D.
4. However, it may be considered a good idea to take the signatures of DS and/or DD as witness or consenting party to ensure that they do not claim share of the property after the demise of their mother alleging that you have coerced/influence their old, ailing and illiterate mother in signing the sale deed.
Only mother share you don't have any independent share under hindu law if mother is alive
