Katha ownership transfer

Chandan Y V (Querist) 26 August 2020 This query is : Resolved
Dear sir/madam,
My grandfather has 5acre of land. Both grandfather and grandmother has dead 3years back without any will on property but ownership is in still on there name. He is having 2sons and 3 daughters. 1daughter i has dead. 2daughter and 2sons were living. 1st son is not having any children. 2son is having 2 children and 2daughter having 2 children each. We need to transfer the onwership of the land to our name. Can we transfer ownership without making a pouthi katha to elder brother? Which can be divided or is it compulsory to transfer pouthi katha to eleder brother and to then from we need to beg him? Please clear my doubts.

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This discussion addresses transferring land ownership when grandparents passed away without a will. The property is to be divided equally among all legal heirs, including the two sons, two living daughters, and the heirs of the deceased daughter. It clarifies that ownership cannot be transferred solely to one person without the consent of all other legal heirs. Consulting a local lawyer specialising in property matters is recommended for specific guidance based on local laws, especially concerning agricultural land and potential inheritance rights of spouses.

Dr J C Vashista (Expert) 26 August 2020
All legal representative of deceased person shall have equal share in the intestate property.
Some local terms have been used by you which may be clarified by a local prudent lawyer for proper analyses and guidance.

Shilesh Patel (Expert) 26 August 2020
the share of the property will be equally divided to the legal heirs.

Sailesh Kumar Shah (Expert) 26 August 2020
Since its agricultural land, so succession will be as per local law. in the UP married daughter have no share in agricultural land on first instance, so if your land is situated at up, come with relevant details.

krishna mohan (Expert) 26 August 2020
Transfer of property all legal heirs as per governing state government act. Hence may consult the local lawyer specialized in property matters for the right advise after perusal the will cited by you. As such you can not transfer to your name only.

Rajendra K Goyal (Expert) 26 August 2020

If Hindu, the property would be inherited by all legal heirs of your grandfather i.e. in the name of 2 sons and 3 daughters.
Since one daughter is no more, her share would be inherited by her legal heirs.
The share in property would also be inherited by first son if alive and he would be free to gift / will / sell it to any one as per his wish. If not alive share would be inherited by his first class legal heirs. You can not avoid share of his wife if alive without procedure.
Property can not be transferred in the name of only one person without consent of all other legal heirs.

P. Venu (Expert) 26 August 2020
Ownership is independent of the revenue records. On the death of the grandparents, the property is jointly vested with all their legal heirs i.e. the two sons and two daughters who are alive and legal heirs of the deceased daughter.

The query as to the elder son's share is misconceived.

kavksatyanarayana (Expert) 26 August 2020
All the legal heirs including the wife of 1st son if alive have equal shares in the ancestral property of your grandfather.

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