Property split issues

hari prasad (Querist) 04 December 2020 This query is : Resolved
My grandfather expired before 2005, and my father expired in 2016. Both of them dint leave any will against a property. It's in the name of my grandfather and father jointly. Among my grandmother(alive), mother, me, and sister. how would the property split happen? Also, can my grandmom register/sell the property without anyone else's signature?

Follow-up question on top! Since my father and grandfather passed away, House tax receipts are changed in the name of my grandmother from 2017-18. she also collected the Gramakantam certificate from the Panchayat office. Using the above 2 documents she sold the property to a 3rd party without my Family's concern. When I looked through the Certfiedcopy certificate its mentioned as the property is passed on to my grandmother from ancestors whereas in the original documents which I have it's mentioned as self-acquired. The sub-registrar response was since she has submitted both house tax receipt and Gramakantam certificate, Two documents would be enough, and legal heirs signatures aren't necessary. What can be done in my current situation? is proceeding legally via court the only option?

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This discussion concerns the inheritance of a property jointly owned by a grandfather and father who passed away without leaving a will. The property is currently in the names of the grandfather and father. The question arises about how the property will be split among the grandmother, mother, sister, and the original poster. A follow-up reveals the grandmother sold the property using house tax receipts and a Gramakantam certificate, despite the original documents stating it was self-acquired. The sub-registrar accepted these documents, deeming legal heirs' signatures unnecessary. Experts suggest the sale deed is likely invalid as the grandmother could only sell her share, not the entire property, and recommend challenging the sale deed with the help of a local lawyer.

Isaac Gabriel (Expert) 04 December 2020
Consult lawyer with the documents for opinion and further process.

Rajendra K Goyal (Expert) 04 December 2020
Property was in the name of your Grandfather and father. After your grandfather his share in the property would be inherited by all his legal heirs including your grandmother and your father.
Your grandmother had the right to sell her share only and not the share of your father and the property held by your father as co-owner.
House tax receipt is not the document of title of the property.
You should challenge the sale deed. Discuss in detail with local lawyer.

Message likes : 1 times

Advocate Bhartesh goyal (Expert) 04 December 2020
Well explained by expert Rajendra.K.Goyal,I completely agree with him.

kavksatyanarayana (Expert) 04 December 2020
Yes. I also agree with the learned-expert Sri Rajendra K. Goyal sir.

Dr J C Vashista (Expert) 05 December 2020
The sale deed stated to have been executed by your grand mother is without authority from LRs of your father, illegal and invalid, get it cancelled.
It is better to consult and engage a local prudent lawyer for appreciation/ analyses of facts / documents, professional advise and necessary proceeding.

Rajendra K Goyal (Expert) 05 December 2020
Thanks expert Advocate Bhartesh goyal ji and kavksatyanarayana ji for agreeing.

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