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indira (not working)     17 May 2013

Rights on ancestral property of grandson

Dear Sir,

 

An ancestral property of house was registered in the name of my husband and his brother.  My father in law has registered as gift deed.  He got that property from his father who had adopted him.  We have registered adoption copy of xerox with us.  Recently my husband's brother was dead.  

My question is after expiry of my brother-in-law, will the entire property belongs to my husband?  what r the documents reqired for sale of the property.  We are from Andhra Pradesh. My husband has siblings of two sisters now.  one is married and other one is un-married.  will they have any right on this property. Please let me know the  solution in detail.



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 9 Replies

Bharatkumar (ADVOCATE )     17 May 2013

In this property first right of legal heirs of your brother - in - law and if no legal heirs thenafter his brother, sister, mother right in this property. 

LegalArrow ( Advocate Bangalore)     17 May 2013

Mr. Bharat is right. your husband and your brother in law have 2 equal share in the property. your BIL can encumber his share in the propoerty in any manner he likes. if he has died intestate the propoerty wil devolve upon his legal heirsi.e his wife and children if he is issueless your husband his 2 remaining sisters and your motherin law have equal share in your BIL's half share in the propoerty.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 May 2013

As far as succession is concerned Mr. Legal Arrow may be right. But how can the surviving brother transfer his half-share. The property appears to be a single house. The right of an owner is to live in the house or give it on rent. It is not known how the situation is now. Have the portions of the two brothers been physically demarcated? Are there common areas with undivide rights? There were two joint owners. After the death of one brother there are now many joint owners, each one having his or her own percentage share in the property. How can any one of the owners transfer his/her share to a third party without  partition by prior agreement among the joint owners?

In a multi-apartment building the exclusive ownership of each owner is physically demarcated and the rights on undivided areas are defined. It is not so in a single house.

Just as Ms. Indira has a doubt, any other person including a prospective buyer also can have doubts. It would be proper to discover who are the present owners through succession certificates and have mutual agreement among them regarding their respective ownership rights.

indira (not working)     20 May 2013

My brother-in-law is unmarried.  only my husband (elder brother) , two sisters and  father are alive.  And the house is not partitioned but written entire house with site on both the brother's names.  Pls let me know clearly who will be the legal heirs of my brother-in-law.

LegalArrow ( Advocate Bangalore)     20 May 2013

Your brother in laws' share will goto --------->your husband ,his 2 sisters, and your father in law in equal proportion.

indira (not working)     21 May 2013

Should i get legal heir certificate if yes, wher from i get.  Do we need to again register the house in the names of legal heirs.  we want to give that house to builders. what are the documents required for sale of the property?

indira (not working)     21 May 2013

one more question.  My father registered a flat in his name and my mother's name.  i am the only daughter of my parents. My mother demised in 2010.  who will be the legal heirs of the flat.? can my father transfer the flat to outsider in the form of will or signing on blank stamp papers without my knowledge.

LegalArrow ( Advocate Bangalore)     21 May 2013

the legal certificate is issued by the local jurisictional thasildar office, for the place of your residence is required. and also if your brother in law was a government employee or not?

with regard to your second question, it has to be ascertained whther the house is the ancestral propoerty of or self acquierd propoerty of your father? pls send me all relevant details to my id legalarrow86@gmail.com, as im disabling this  web link.

indira (not working)     21 May 2013

my brother-in-law is unemployed. coming to second issue, my father's is self acquired property.


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