My mothers self acquired property

ramakrishna.r.b (Querist) 01 October 2013 This query is : Resolved
My mother SL has purchased the property in 1954 and 1959 in bits and peices. My mother expired on 15-05-1996 without making any will. My father expired on 02-05-1994. We are 6 children to my mother 3 daughters and 3 sons. Second daughter expired on 25-11-1999 leaving behind their only 2 sons. Now all the 1st circle children of my mother SL wants to sell the property of my mother.
We just want to know whether only SL's first legal heirs only needs to sign in the sale agreement or all subsequent legal heirs i.e SL Children husbands their children etc also need to sign the sale deed. As the buyers advocate was telling us that everybody including 1st circle, 2nd circle, 3rd circle etc need to sign before the Sub Registrar. It is impossible to get everybody's signature as majority of them are in abroad. THis is a self acquired property so far as I know only 1st circle of legal heirs need to sign besides 2nd daughter's 2 children (sons) . Please advice us.

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adv. rajeev ( rajoo ) (Expert) 01 October 2013
Yes your advocate is right. If it is not possible to everybody come and sign, any one can take PA from those people

ramakrishna.r.b (Querist) 01 October 2013
my question is not answered only 1st legal heirs can sign as it is my mothers ancestral property and accorind to sec 15 of the hindu sucession act the property dwells on her 1st legal heirs and if they are not alive then only it dwells on others. pls clarify me

Rajendra K Goyal (Expert) 01 October 2013
All the sons and daughters of SL are legal heirs hence have share in property. If any of them expired, legal heir of deceased would get his / her share.

ramakrishna.r.b (Querist) 01 October 2013
i just want to know when 1 legal heirs of my mother SL are alive is it compulsary that 2nd legal heirs, 3rd legal heirs have to sign the agreement bcoz advocate Sri Rajeev is telling we have to obtain PA from them in his reply above. Pls feel free to advice me.

J K Agrawal (Expert) 02 October 2013
Ramkrishana JI

In General the 7 persons (5 the alive one and 2 sons of predeceased daughter) are required to sign the sale deed.

but my above contention is not correct now. In 2005 Hindu Law got a major change and now all the sons and daughters and their sons and daughters and so on..... get right in ancestral property by birth. The concept of HUF and coparcenary is under high doubts after amendment.

It means each son and daughter, may be he only 1 day or 1 month old, he has to sign the document. Else on attaining majority, he can challenge the validity of document up to his share.

Pl note that the property is no more self acquired property after death of your Mother.

Your advocate is good one and have faith in him.

It is result of poor study of Legislation Department of India Government. They are in hurry of welfare of woman and Children and the modern legislation can not be said better than old one.