Legal-heirs of mother can get grandfather's property?
Manikandan
(Querist) 25 May 2014
This query is : Resolved
Property title is in Father's name. Father died on 40 years back leaving 2 daughters 'A' & 'B' only. In that 2 daughters 'A' is died before 10 years, the another 'B's age is now 60 years. Now the 'B' would like to sale the above said property.
Now the problem is at the time of sale the legal-heirs of 'A's sign should must or not? Why? reason please....
ROHIT SHARMA
(Expert) 25 May 2014
1. At the time of sale the legal-heirs of 'A's sign should and must be taken into confidence and they also need to sign the sale deed along with B.
ajay sethi
(Expert) 25 May 2014
signature of legal heirs of A is necessary
Rajendra K Goyal
(Expert) 25 May 2014
The property of father is inherited by both daughters after him and after death of one daughter, her legal heirs inherited her share.
For sale, permission / consent/ signatures of her legal heirs are required.
Anirudh
(Expert) 25 May 2014
Simplicitor signature from the legal heirs of 'A' is not enough. They are also legally entitled to the 1/2 share (which they will distribute amongst themselves equally) of the sale proceeds.
Manikandan
(Querist) 26 May 2014
Thank you very much.
T. Kalaiselvan, Advocate
(Expert) 29 May 2014
Since A and B were the only legal heirs to succeed their father's intestate property, upon death of A, her share in the property will automatically devolve upon all the legal heirs of deceased A, hence B cannot sell the entire property on her own, A's legal heirs are to be given heir share in the property either in kind or consideration.
