1) deceased second son wife and children have equal share in property
2) they can file suit to claim equal share in property
3) you don’t need signature of children of 3 sons and daughter
Is signature required after 3 generations
I want to buy a 30*40 site in Bangalore which was in converted land of one acre in bbmp limits(B khata). A seller Grand Father has self earned property in 1952 ( I have a sale deed made on 1952 and rtc in the name of grand father from 1966-1981) and in 1981 grand father died having 2 sons(2nd son was deceased). After his death Recored of rights showing that the tahsildar giving a command to give joint khata to a son and a deceased brother wife. From 1981 to 1987 rtc's are missing and I asked from seller and seller telling that in that period revenue department has some problem so they can't get it. And from 1987-2019 I have rtc's in name of first son (IHC 11/83-84) but no where another joint khatadar decased 2nd son's wife name is mentioned and the first son was died in 2019 and from 2019 to till date having rtc's with first son's wife name(pauthi khata) with having 3 sons and a daughter. Property is still not divided. My questions are 1. Is deceased 2nd son's wife and her children's if any gives problem to me in near future ( any suggestions please) 2. They are telling that we all put signature's i.e first son wife(pauthi khata holder) and her 3 son's and a daughter but should I take signature's from children's of 3 son's and a daughter if any, what do with major and minor children's. (Someone told me that no signature's required after 3 generation's) Should I go for agreement please suggest me Sorry for my English...Thank you.
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
If it's an ancestral property all the legal heirs living during the same has to give NoC for sale. As per hindu succession laws any child is by birth a legal heir of the property
The property has not crossed three generations yet.
- deceased son’s wife and children are legal heirs to the property, their consent is necessary.
- It is safe if you take consent by way signature from children of three sons and their daughters. It will avoid future trouble.
- Check ration cards to ascertain who are all the legal heirs. Consent of minor is not required.
First of all the property left behind by the deceased shall devolve equally on his own legal heirs upon the death of deceased owner who is reported to have died intestate.
Secondly, the property shall subsequently devolve equally on the legal heirs of the deceased cosharers.
Now since the original sons being the legal heirs have been reported to have died intestate, their respective legitimate share in the property shall devolve upon their own respective legal heirs.
Therefore, if the entire property is being sold to the prospective buyer, then all the legal heirs have to execute the registered sale deed jointly in favor of the buyer.
The RTC can be changed to the name of the buyer subsequently by obtaining NOC from all the sellers.
- As per law, after the death of grandfather intestate , his property would be devolved upon all his legal heirs equally i.e. his wife, son & daughter if any.
- Further, if he was having only two sons , then both will have half share in the property , and after the death one son his share will be claimed by his wife and children equally.
- Hence, deceased brothers wife will not have full right in the share of her husband without getting the release deed from her children .
1. Yes, Children can claim their equal right in the share of the property left by their father.
2. None having right to claim the share of a minor without getting court order .
1. Since the Khatha was in the joint names of son and his sister-in-law ( deceased brother's wife ), as per orders of the Tahsildar, you have to find out why in the RTCs her name is left out. Even if she's not alive, if she had any child, that child/children will have proportional right over the property alongwith other legal heirs.
2. Take signatures of all, including the first wife, her children and grandchildren, second son's wife and children.
3. Before proceeding further, obtain legal opinion from any Lawyer and then only go ahead with the transaction.
Dear Client,
The B Khata is a separate register maintained by the BBMP that lists the illegal properties (as per Karnataka High Court order in December 2014) that have ownership in the city of Bangalore, even when the civic charges for the property have been paid by the owner.There are not any specific safety issues in owning B Khata properties since they are legal property.You can sell land with a B Khata certificate. However, such properties will not be granted any license, and no construction can be conducted on such lands. Loan approvals: Most financial institutions do not sanction home/property loans against B Khata properties.
Thanks & Regards
