Property split percentage

hari prasad (Querist) 25 November 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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Quick Summary

This discussion addresses property division following the passing of a grandfather and father without a will. The property is jointly owned by the grandfather and father. The inheritance is to be split among the grandmother, mother, sister, and the original poster. Experts clarify that the grandmother can only sell her entitled share, not the entire property, and that legal heir certificates are typically required. A follow-up question highlights a situation where the grandmother allegedly sold the entire property using tax receipts and a Gramakantam certificate, raising questions about the validity of the sale and potential legal recourse.

Isaac Gabriel (Expert) 26 November 2020
Your grand father's property devolves on your father and grand mother in equal proportion.Yourself, mother ans sister entitled equal shsres from your fathers entitlement.Yourgrandmother can sell the portion entitled to her and not your fathers share.

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Guest (Expert) 26 November 2020
First apply for the Legal Heir Certificates

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Advocate Bhartesh goyal (Expert) 26 November 2020
Yes, your grand father's property Will pass on to your grand mother and your father's legal heirs equally. Your grand mother can not legally sale alone whole property ,she can and has right to sale only her 1/2 share in property.

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Rajendra K Goyal (Expert) 26 November 2020
You said:
My grandfather expired before 2005,
Reply:
It is supposed you are Hindu. Property in his name would be inherited by all his legal heirs including your grandma and your father.

You said:
and my father expired in 2016. Both of them dint leave any will against a property in the name of my grandfather.
Reply:
In such case property in the name of your grand father would be inherited by all his legal heirs including your grandma and your father. Portion of property thus inherited by your father would be inherited by all his legal heirs including you and your mother.

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Rajendra K Goyal (Expert) 26 November 2020
You said:
Among my grandmother(alive), mother, me, and sister. how would the property split happen?
Reply:
In absence of details of all legal heirs, it is difficult to advice.

You said:
Also, can my grandmom register/sell the property without anyone else's signature?
Reply:
No is the reply. She can sell only her share.

kavksatyanarayana (Expert) 26 November 2020
Agreed with the above experts.

Dr J C Vashista (Expert) 28 November 2020
Well advised by experts, I agree and nothing left to add.

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P. Venu (Expert) 28 November 2020
Was your father the only child - in other words, had he no siblings?

hari prasad (Querist) 02 December 2020
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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