Grandfather and grandmother have died. (HINDU FAMILY)
vs
(Querist) 01 January 2013
This query is : Resolved
Dear experts,
My grandfather has one son(my father) and one daughter(my aunt). The aunt got married 30 years ago and lives with her family in her marital home. She is in a rich family but we are not so affluent. Now the grandfather and grandmother are no more. As my father is the only son so we did not understand the requirement of any paper work. There is no will or other deed. We have the papers of property which are in the name of my grandfather.
The property is a house and a shop which are in our/my father's possession. Now I have some questions:
1. Whether my father can register that property in his name fully?or can transfer in his children.
2. Whether he can sale full property and how?
3. Whether my aunt can be able to claim part in this property?
4. How can my father save the properties fully so my aunt or another person will not be able to claim any part in it?
Thanks
ajay sethi
(Expert) 01 January 2013
1)you have not mentioned whether your grand parents left any will or not . in absence of will your father and aunt are legal heirs to property .
2)property cannot be registered in your father name unless your aunt furnishes her NOC . she ought to execute deed of relinquishment in your father name . have it duly stamped and regd .
3)your father cannot sell the property . he needs your aunt consent to sell the property
Raj Kumar Makkad
(Expert) 01 January 2013
1. Legally no.
2. legally no.
3. Yes, she is owner of 1/2 share.
4. Only if your aunt relinquishes her share by way of registered release deed or gift deed.
R.K Nanda
(Expert) 01 January 2013
no more to add.
vs
(Querist) 02 January 2013
Thanks Sirs. Yes We can get NOC from my Aunt. please let me know that we are three brothers(grandsons of dead grandfather)How my father can equally distribute among us. Thanks a lot
ajay sethi
(Expert) 02 January 2013
your father is not bound to transfer property equally in your names . he can bequeath it by will or gift the said property to whom soever he desires
Raj Kumar Makkad
(Expert) 02 January 2013
If your whole family has come to a mutual agreement then draft it as a family settlement and get a decree thereupon from civil court.
