During the lifetime of Mr.X his son does not have any share in the property of the former, so the signature of latter is not required.
Purchasing land
Dear sir am purchasing land which is owned by Mr.x from 1980. Mr.x inherit this property by death of his father (Mr.y). at that time of inherit this property Mr.x and his siblings not married. now For registration of this land Mr.x and his sibling and Mr.y's wife ready to sign. is there any sign required for Mr.y 's grandson. is grandson any legal rights on this property?
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
1. On death of Y, both X , his mother and siblings inherit the proeprty in equal share.
2. If that is so then in your sale deed you have to make both x, his mother and siblings as sellers.
3. Making then sign as witness is not enough.
1) grandson has no rights on the property .
2) his consent is not required
Hi, As the property is the ancestral property you have to take the signature of all the legal heirs of Late Y.
Though Mr. X is in possession and enjoyment of the property left behind intestate by his deceased father Y, the legal heirs of Y are also having their legitimate and respective shares in the property.
If the other legal heirs namely Y's wife, and other siblings of X are available or if any sibling died leaving behind their own heirs, then all such persons have to give their consent and execute the registered sale deed in favor of the purchaser, so ascertain this fact and the legal heirs (now surviving and deceased), take an opinion from a local lawyer and then proceed safely into the purchase with this huge investment.
sir my mum purchased some Land from Mr.x but that time she didn't make any registration only they made power of attorney rights to my mum. now that sale deed no more. we are having only power of attorney document with us. is it possible to register that land in my mum names or another name with out legal heir sign of Mr.x
Asked 8 years ago
1) is power of attorney coupled with consideration ?
2) if so mother can on basis of POA execute sake or gift deed in your nane or that of third party
3) I presume POA is regd
4) if no consideration was paid by your mother POA ceases on death of X and you need legal heir to execute sake deed in your mother favour
Though you say tht your mother purchased the property, she has not got the registered sale deed executed in her favor yet.
The power of attorney in her name is not the title document.
You say th the principal who executed the power of attorney is no more now, then the power of attorney deed stands revoked or canceled automatically upon the death of the principal.
Since the property is in your possession and also the fact is that the entire sale consideration amount has been given already, you may request the legal heirs of the deceased principal to execute a registered sale deed in your mother's favor.
You may have to oblige with more consideration to the legal heirs at this stage in order to get the work done smoothly without any objection from them.
Have the situation amicably settled because no legal option can help you at this moment