1)if it is ancestral property then grand children have share in property . eldest son is not sole owner of property
2) legal notice can be sent by grand son
3) he can send notice in his name
4) deed of confirmation should suffice
Ancestral Property Registration without grand children signature
Hi, I have purchased an ancestral property and has queries related to it. The grandfather has total 6 children's ( 3 sons and 3 daughters) and he passed away in the year 1985. The eldest son has become the successor to all the property of his father and transferred the Khata to his name in the year 1986 through Pavathi Khata. I have registered an agricultural land that belonged them few weeks before and all the 6 children's has agreed and attested / signed in the Sale deed paper. Only Class I heirs (i.e. 6 children's of my grandfather) signature is present in the Sale deed paper and other majors like grand children's has not signed it. The entire amount that is received from this sold property has been distributed among the 3 daughter's. Now the son of one daughter (grand child) is planning to file a case objecting the registration process because it is an ancestral property. 1. As the eldest son has become the successor to all the property of his father and transferred the Khata to his name in the year 1986 through Pavathi Khata. Will he will be the sole owner of the property and has the right to sell alone? 2. Whether it should be treated as an ancestral property and the grand children has right in this property ? 3. Does the grand child has the right to send legal notice to the buyers as his mother has already received the money from the sold property through RTGS. 4. If in case he would want to file a court case, can he can send legal notice to the buyers in his name or only through his mother ? 5. If the grand children is willing for outside court settlement, can you please guide if an registered Deed of confirmation is good enough ?
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
1. Firstly grandfather's property is not ancestral property, secondly it is his maternal grandfather hence he cannot claim any rights in it because only his mother has a right in the property for a share and not beyond his mother, at least not during her lifetime.
The eldest son canot become the lone successor to the properties that belonged to his father for any reason, his siblings including his mother (if alive) hav rights for their legitimate share in that property.
The transfer of khata on his name alone will not confer full rights over the property to him.
The khata is not a title document, it is just a revenue record.
2. No it is not ancestral property hence none of the grandchildren have any rights in the property during the lifetime of their respective parents.
3. The simple ansewr is NO.
4. Read the answers given above.
5. Since the grandchildren do not have any rights in the property, there is no justified reason to go cor any type of compromise with them.
Their case is not maintainable and will be dismissed.
1. Does "Maternal" grandfather's property come under ancestral category of property? 2. Do any grand child has right to claim the "maternal" grandfather property that has been sold by the Class 1 heirs without the consent / signature of the grand children (major) ?
Asked 2 years ago
Maternal grand father property is not ancestral property
consent of grand children not necessary to sell said property
- As per law, after the demise of grand father intestate , his property would be devolved upon his all legal heirs equally i.e. each will have 1/6 th share in the property.
- Further, in case of an ancestral property , it cannot be sold without taking the consent of all the legal heirs
1. Khata is not a tile document
2. An Ancestral property is the one which is inherited up to four generations of male lineage without dividing and partitioning the property by the previous three generations.
- Hence, if the said property was not purchased by the grand father or not came under his ownership after partition etc. , then this property will be termed as self acquired property , and grand children's will have no right over it.
3. No, they have not right
4. Not maintainable
5. Yes.
1. No, it will not
2. The grandchildren do not have any rights over the properties of maternal grandparents at least not during the lifetime of their respective parents.
Hence it is not necessary to obtain their signature in the sale deed
Dear client,
- The ownership and succession rights are determined by the particular laws that apply in your area. Such matters are governed in India by the Hindu Succession Act, 1956. All coparceners own a part of ancestral property.
- Typically, assets inherited up to four generations ago are considered ancestral property. The grandchildren might be entitled to the property if it is shown to be ancestral, but this will rely on a number of circumstances, such as whether the property was divided up beforehand.
- Sending a legal notification may or may not be permitted under local legislation and the particular circumstances.
- A legal notice could be sent by the grandchild.
- To make sure a registered Deed of Confirmation is legitimate and useful in your case, you need take it into consideration first.
Regarding maternal grandfather's property:
- Property is classified as ancestral based on the legal framework in place at the time of acquisition and how it was used.
- Grandchildren's rights are contingent upon the type of property and particular conditions.
Hope this helps you.
No maternal grandfather property is not ancestral
you can only claim your mother share if not given
