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manmohan singh (garments)     25 August 2013

About grangfather property

my grandfather own a property in his name.. he passed in 2007. he made a will in yr 2000 in favor of me, i m his grandson, i have 5 sisters, mother and father. my father is mentally sick. now we all want to sale this property. but this property was purchased on march 2003. this property is not mentioned in that will which is in my favour. now my mother is asking for half share in property, and i m agree for it. but the buyer asking for the r deed in favour of mother and i m thinking if she refuses to give me my share after making r deed in favour of mother. so i want to know can v make r deed in joint names of myself and mother??



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 August 2013

Your grnd father is your father's father or your mother's father.  If he is your father's father then your mother is entittle for equal share along with other successors, if father is not live.

S Jadhav 98336 98330 (Jadhav & Associates)     25 August 2013

Since the property belonged to your grandfather and is not ancestral property (purchased in 2003 and am assuming that it was purchased by your grandfather out of his own personal income) the it will pass on to his legal heirs as he has passed away intestate.

You may negotiate with the buyer that you will sign/execute the registration of the sale deed only if he pays you your share (the amount in Rs - please ask to be paid by Demand draft) otherwise you will not do the sale. He will have to pay you the money if he has to buy the property since you are also a heir.

Under law, the sisters will also have a share.

 

S Jadhav

S Jadhav 98336 98330 (Jadhav & Associates)     25 August 2013

Since the property belonged to your grandfather and is not ancestral property (purchased in 2003 and am assuming that it was purchased by your grandfather out of his own personal income) the it will pass on to his legal heirs as he has passed away intestate.

You may negotiate with the buyer that you will sign/execute the registration of the sale deed only if he pays you your share (the amount in Rs - please ask to be paid by Demand draft) otherwise you will not do the sale. He will have to pay you the money if he has to buy the property since you are also a heir.

Under law, the sisters will also have a share.

 

S Jadhav


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