Rights over grandfathers property
Balak
(Querist) 02 February 2014
This query is : Resolved
My father died without leaving a will. His only property( a house - self acquired one ) was partioned between my mother, my brother and me. My mother already gave her share to me. Now my brother is also willing to 'Gift' his share to me. My brother has two sons, both married and living in abroad.
My query is, should my brother's 2 sons also sign or reliquish thier rights over my brother share. Since that would be thier grandfaters property.
What rights do my brother's, 2 sons have on the undivided share of my father's property and what rights they have on my brother's share after it was partioned.
Please help.
M.Sheik Mohammed Ali
(Expert) 02 February 2014
as per your query, no need to get sign from your brother sons, your brother have rights to executive any one. if you can get sign from the 2sons its ok, otherwise not neccessary, ancestral property means son father grandfather, great grand father. only
adv. rajeev ( rajoo )
(Expert) 02 February 2014
he can execute the gift deed to the extent of his share because it is an ancestral property to your brother's two sons.
Balak
(Querist) 02 February 2014
Thanks much for your answers. Very much appreciate your help. I am looking to complete this property transaction in next one week and I have refined my query.
Request you to kindly re look the query and help with the questions.
Once again thanks much for the kind services.
My father died WITHOUT leaving a will.
A) My mother is my father's second wife and I am the only child to my mother.
B) My father's first wife died long back and my brother is the only child to her.
C) My brother has two son's both married and living in abroad. They have 1 child each( 2 yrs old )
His only property ( a house - self acquired one ) was partitioned between my mother, my brother and me, on mutual agreement. ( At the time of
partition my brother's sons were above 21 years.) My mother already gave her share to me. Now my brother is also willing to 'Gift' his share
to me.
Since the house would be their grandfathers property for my brother's 2 sons and their children,my queries while I am receiving my brother's
share of the property
1. What rights do my brother's sons and their children have on my brother's share BEFORE and AFTER it was partitioned.
If they have no rights, if you could explain why, it would be great.
2. Should my brother's 2 sons also sign or relinquish their rights over my brother share in form of registered deed.
3. Would house be treated as an ancestral property for my brother's sons
4. If my brother's sons consent is not required in this case, which scenario would prompt to obtain their consent.
I am looking forward to complete the transaction in next week, so looking forward for your kind and immediate help. Thank you very much.
ajay sethi
(Expert) 02 February 2014
brother sons have no right on property received by your brother .
it is not necessary that your brother sons also sign gift deed .
your brother is absolute owner of his property .
the said property was your father self acquired property . it would not be ancestral property for your brother children .
Rajendra K Goyal
(Expert) 02 February 2014
Well advised, agree wit the expert ajay sethi ji.
R.V.RAO
(Expert) 05 February 2014
agree with sri ajay sethiji.
just now also read ancestral property concept described above by sri sh.md.aliji, 'AS THAT OF SON,FATHER,GRAND FATHER AND GREAT GRAND FATHER ONLY"
Guest
(Expert) 05 February 2014
Well advised.
V R SHROFF
(Expert) 05 February 2014
Well advised by Experts...
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
The intestate property of your deceased father's self acquired property devolved upon all his legal heirs and they duly partitioned the same among themselves subsequent to which the partition holders have become absolute owners of their respective share of the property, therefore it is the present owners' own decision to dispose the property as per their desire. Your brother's sons will not have any right on interest in the property so that they can object their father's desire to transfer the properties to you without their consent.
R.V.RAO
(Expert) 05 February 2014
agree with experts
Balak
(Querist) 10 February 2014
Thanks much every one. My doubt is cleared.
I am also going to get NOC from my brother's son's at abroad.
Please let me know if the NOC has to be approved by the Indian embassy in their city and also should the NOC be registered and adjudicated in India.
I appreciate your services very much and very much thank full to you all.
ajay sethi
(Expert) 10 February 2014
get NOC affirmed before indian consulate .
