Hi
AG
(Querist) 04 July 2015
This query is : Resolved
Hi All,
My grandfather expired on 1993, leaving behind 300 sq yards plot.My uncle too was expired on 2001, his legal hire is his wife. My father and aunty they both entered in agreement to build duplex house and sell the house. Builder has build his portion and sold his share, remaining 150 sq yards is 80% to 90% completed. We would like to prepare legal hire as my late grand father has one son and four daughters, does legal hire vary from state to state, can you please share sample copy of legal hire.
AG
(Querist) 04 July 2015
After legal hire, we want to sell the property legally, duly signed on registration paper who ever takes it. We would also like to prepare an agreement between my fathers sister and aunty, matter should contain, my father has paid house tax,electricity,borewell,grand fathers death certificate,when we were staying in that house my father has spent on painting too.
Please share if you have any sample, I would appreciate it
Kumar Doab
(Expert) 04 July 2015
It is believed that you are Hindu.
Is this property self acquired property of your grandfather?
It is in which state?
You are contemplating some kind of family settlement.
All children of your Grandfather are ClassI legal heirs.
While one portion has already been sold, by an outsider i.e Builder.
And apparently legal heir-ship is not recorded and mutation is not in the name of legal heirs.
You may show all of the property related documents to an able lawyer dealing in property/revenue/family/civil matters and well versed with state rules and the lawyer can advise you further after examining all documents.
AG
(Querist) 04 July 2015
Hi Kumar,
Thanks for your quick reply, Yes am Hindu.
Yes this property is self acquired by
my late grand father.
We reside in Hyderabad, now it is Telangana.
Out of 300 sq yards, remaining 150 sq yards is been sold, i.e. North side.
If prepared is Legal hire not valid and signed by all daughters and son of my late grand father.
We want to settle mutually and legally
P. Venu
(Expert) 05 July 2015
Did your father die intestate i.e. without making a will?
Was the property partitioned? If so, when?
AG
(Querist) 05 July 2015
Hi Venu,
Yes my grandfather died intestating the property, not father.
Property was partitioned by preparing an agreement between builder and our family.It was prepared on 11th of February 2008.
Kumar Doab
(Expert) 05 July 2015
You are posting information in bits and pieces.
You should explain everything in first post itself.
You have posted that:
"Property was partitioned by preparing an agreement between builder and our family."
Here what do you mean by OUR FAMILY?
Does it mean all children of deceased owner (your grandfather) and is the full heir ship (all children) recited in agreement?
Has all legal heirs signed the sale deed?
Is any family settlement/partition deed signed by all children of deceased owner (your grandfather) and registered?
You may better show all of the property related documents to an able lawyer dealing in property/revenue/family/civil matters and well versed with state rules and the lawyer can advise you further after examining all documents.
dr g balakrishnan
(Expert) 05 July 2015
RIGHTS OF LEGAL HEIRS IS AS PER SUCCESSION ACT ANY WHERE ALL OVER INDIA.
Rajendra K Goyal
(Expert) 05 July 2015
The sisters of your father are also legal heirs in the property.
Legal heirs would be as per succession act
Consul local lawyer and show him all the documents.
J K Agrawal
(Expert) 05 July 2015
your father and brothers and sisters are equally entitle in property.
either give to them there share or get a relinquishment deed and get it registered at office of the Registrar.
Then remaining are owners.
Make a partition deed or family settlement deed amongst them.
Kumar Doab
(Expert) 05 July 2015
First of all the property shall be mutated in name of all ClassI legal Heir(s) of deceased Hindu Owner, to achieve rights equal to rights of owner to sell or relinquish.
.
If that was not done how can anyone sell to builder?
Legal heir ship certificate as per prevalent rules can be applied by anyone and obtained from Tehsildar’s office.
Relinquishment Deed should be signed by all parties and witnessed by atleast 2 witnesses and should be registered as per Sec:17 of Registration Act,1908.
Prior to that the, property should be transferred/mutated in the names of all ClassI legal Heirs.
For detailed guidelines contact an able local lawyer with all docs related to the property, its ownership, legal heir ship detail, transfer of property, mutation/revenue records, and let your lawyer advise you further after examine all docs on record and draft a suitable irrevocable relinquishment deed or any other document that is required in your case.
