• Share in self acquired property

My grand father has 2 sons & 5 daughters. He died in 1942 .out of 5 daughters 3 are dead(before 2005) & first son (my father) also died in 2001.  now my uncle & his 2 sisters are alive . my grand father has self acquired property .  now we are thinking to sell the property . my question is  whether
deceased sisters children have right for share in the property . is necessary to take no objection letter from them  & other 2 sisters(alive) has right for share please clarify
Asked 1 year ago in Property Law from bengaluru, Karnataka
Religion: Hindu
As per  law, your grandfather's self acquired property became intestate upon his death.  The intestate property will devolve upon all his legal heirs, i.e., on his two sons and 5 daughters equally.  The legal heirs of the deceased heirs are entitled to inherit the respective share of the deceased heir. Therefore for disposal of the property, the signatures of all the living legal heirs of your grandfather and from the legal heirs of the deceased heirs of your grandfather are to be  obtained which is mandatory in law.
If the buyer is  insisting  on  the khatha in the name  of the vendors, you may have to apply for khatha from BBMP.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1) on your grandfather demise each legal heir would have one seventh share 

2) consent of deceased daughter children is necessary for sale of property 

3) you would have to give them share in property 

4) you have to take signature of your father sisters for sale  of property and give them share 

5) Encumbrance is simply a reference to any liabilities in the form of a mortgage or a loan against the property that has not been cleared. The encumbrance certificate is provided from the sub-registrar’s office where the particular property is registered.

All the details of any transaction on the property will be listed in it.
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. In whose name the property is in the BBMP records at present?.
2. Whether your grand father had executed a "WILL" or did he die intestate(without executing a 'WILL').
3. Whether your grand mother is alive?.
4. If your grand father had executed a "WILL", the property would devolve to the  beneficiaries as per the contents of the "WILL".
5. Assuming that your grand father died intestate and  the property is still in your grand father's name in the official records, then the property would devolve in equal proportion to your grand mother(if alive) & his children, i.e., 1/8th share each. If your grand mother is not alive, then 1/7th share to each child of your grand father.
6.As stated by you, your father and his 3 sisters are dead and each of their shares would devolve to their respective family members viz., spouse & children of deceased legal heirs.
7.You can get Encumbrance Certificate from the jurisdictional Sub-Registrar's Office. 
8. If the Khatha is not available for the property, then the same can be obtained from BBMP office by paying the statutory fee.
9. Signature of each and every legal heir is essential, i.e., all the children of your grand father. In case of deceased legal heir/s, signature of their family members is essential.  
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. The share of deceased daughters of your grandfather devolved on their children after their demise. 

2. Either the children of deceased daughters of your grandfather should execute a relinquishment deed in your favour, or they should sign the sale deed to be executed in favour of the prospective buyer. 

3. The khatha certificate and EC have to be applied to the office of tehsildar.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi,
You say that your grandfather had five children and the property was self acquired, though you've not mentioned anything about any will left by your grandfather, I presume there was none. In the above scenario all the five children are legal heirs of your grandfather and in case of deceased, their children ie; grandchildren of your grandfather shall be liable for their mother's or father's share of the property.
Firstly contact a local lawyer, file an application for Heirship certificate in the district court where the property is located. It will be issued in the name of all the surviving legal heirs. After that those legal heirs who are not interested in sharing the grandfather's property can relinquish their rights in favour of other legal heirs by making a relinquishment deed.  
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Hi sir/madam, your father's sisters and deceased sister's children signatures required or to leave/release their rights over the said property they will make deed of right to release in your favour. If Katha & EC will not get from the concerned authority, you will get such endorsement from the concerned authority and to file appeal before higher authority to direct them to issued the Khataha and EC... it is the compulsory required for the sale.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
whether deceased sisters children have right for share in the property . is necessary to take no objection letter from them  & other 2 sisters(alive) has right for share please clarify
Yes the legal heirs of  the deceased sisters of your father have legitimate rights in the property hence a NOC or a letter to  be obtained from them now itself or else they may create a problem at a later stage claiming their share in the property, then the court will interfere to  allot them a share, wherein you will be helpless to tilt on ether side.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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