Based on the additional facts provided by you, the answer depends primarily upon when Mr. A died and whether the ancestral property had already devolved upon his legal heirs through succession. From your narration, it appears that after Mr. A’s death, the property was treated as part of his estate, a partition deed was executed among the surviving heirs, the daughters D and E accepted consideration in lieu of their shares, and thereafter separate pattas and subdivisions were granted in favour of B and C. If this is factually correct and the partition deed is validly executed and registered, then the title of Property Y would ordinarily vest in Mr. B.
The granddaughters of Mr. A (i.e., daughters of B, C, D, and E) do not automatically become necessary parties merely because they are descendants of Mr. A. If Mr. A died intestate and his estate devolved upon his Class-I heirs, namely his widow, sons, and daughters, then the succession opened in favour of those heirs. The granddaughters ordinarily do not inherit simultaneously with living Class-I heirs. Therefore, if D and E validly participated in the partition and relinquished or settled their shares under the partition deed, their daughters generally cannot later claim an independent share merely because they are granddaughters of Mr. A.
However, since you have specifically stated that the property was ancestral property of Mr. A, one important due diligence exercise remains necessary. You should verify whether B and C acquired their shares through succession after Mr. A’s death or whether there existed any pre-existing coparcenary rights that could potentially affect the title. Modern Hindu succession law has significantly altered coparcenary rights, and the exact legal position may depend upon the timing of deaths, succession events, and the nature of the ancestral property.
As a purchaser, you should not rely merely upon Mr. B’s statement. Before purchasing Property Y, you should obtain and verify the following documents: the parent title deeds, death certificates of Mr. A and his wife, legal heir certificate, registered partition deed, patta and subdivision records, encumbrance certificate, revenue records, and possession documents. Particular attention should be given to the partition deed to confirm that D and E were parties to it and expressly acknowledged receipt of consideration and relinquishment of any further claim over the property.
If the partition deed is validly executed by all legal heirs and title has thereafter been mutated and subdivided, then ordinarily Mr. B alone would be competent to execute the sale deed for Property Y. The signatures of the granddaughters of Mr. A would generally not be legally necessary merely because they are descendants.
As an additional layer of protection, many purchasers insist upon incorporating detailed title-recital clauses in the sale deed tracing the ownership from Mr. A, recording his death, Based on the additional facts provided by you, the answer depends primarily upon when Mr. A died and whether the ancestral property had already devolved upon his legal heirs through succession. From your narration, it appears that after Mr. A’s death, the property was treated as part of his estate, a partition deed was executed among the surviving heirs, the daughters D and E accepted consideration in lieu of their shares, and thereafter separate pattas and subdivisions were granted in favour of B and C. If this is factually correct and the partition deed is validly executed and registered, then the title of Property Y would ordinarily vest in Mr. B.
The granddaughters of Mr. A (i.e., daughters of B, C, D, and E) do not automatically become necessary parties merely because they are descendants of Mr. A. If Mr. A died intestate and his estate devolved upon his Class-I heirs, namely his widow, sons, and daughters, then the succession opened in favour of those heirs. The granddaughters ordinarily do not inherit simultaneously with living Class-I heirs. Therefore, if D and E validly participated in the partition and relinquished or settled their shares under the partition deed, their daughters generally cannot later claim an independent share merely because they are granddaughters of Mr. A.
However, since you have specifically stated that the property was ancestral property of Mr. A, one important due diligence exercise remains necessary. You should verify whether B and C acquired their shares through succession after Mr. A’s death or whether there existed any pre-existing coparcenary rights that could potentially affect the title. Modern Hindu succession law has significantly altered coparcenary rights, and the exact legal position may depend upon the timing of deaths, succession events, and the nature of the ancestral property.
As a purchaser, you should not rely merely upon Mr. B’s statement. Before purchasing Property Y, you should obtain and verify the following documents: the parent title deeds, death certificates of Mr. A and his wife, legal heir certificate, registered partition deed, patta and subdivision records, encumbrance certificate, revenue records, and possession documents. Particular attention should be given to the partition deed to confirm that D and E were parties to it and expressly acknowledged receipt of consideration and relinquishment of any further claim over the property.
If the partition deed is validly executed by all legal heirs and title has thereafter been mutated and subdivided, then ordinarily Mr. B alone would be competent to execute the sale deed for Property Y. The signatures of the granddaughters of Mr. A would generally not be legally necessary merely because they are descendants.
As an additional layer of protection, many purchasers insist upon incorporating detailed title-recital clauses in the sale deed tracing the ownership from Mr. A, recording his death, recording the succession, referring to the partition deed, and confirming that D and E have settled and relinquished their interests. You may also obtain indemnity and title warranty clauses from Mr. B, whereby he undertakes to indemnify you against future title claims. While such clauses do not eliminate litigation risk altogether, they strengthen your position substantially.
Therefore, if the partition deed has been properly executed by all heirs of Mr. A and title has devolved and been partitioned accordingly, Mr. B’s signature would ordinarily be sufficient for the sale of Property Y. The critical issue is not the absence of signatures from the granddaughters, but ensuring that the partition deed itself is legally sound and that all persons who actually inherited upon Mr. A’s death were parties to the partition and settlement. the succession, referring to the partition deed, and confirming that D and E have settled and relinquished their interests. You may also obtain indemnity and title warranty clauses from Mr. B, whereby he undertakes to indemnify you against future title claims. While such clauses do not eliminate litigation risk altogether, they strengthen your position substantially.
Therefore, if the partition deed has been properly executed by all heirs of Mr. A and title has devolved and been partitioned accordingly, Mr. B’s signature would ordinarily be sufficient for the sale of Property Y. The critical issue is not the absence of signatures from the granddaughters, but ensuring that the partition deed itself is legally sound and that all persons who actually inherited upon Mr. A’s death were parties to the partition and settlement.
