Joint property of deceased grandmother and her son


A property is there in Bihar in the name of my deceased grand mother and my living father. My grandmother had 2 sons and a daughter. We are 2 brothers and 1 sister, and my deceased uncle has 1 son. As the property had jointly purchased by my father and grandmother, if we sell the property, can my cousin demand the share? In purchase deed there is my father's name and grandmother's name. If share is demanded by my cousin, what is the rule of share in this case? Plz suggest.
 
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Ur father andgrand mother has purchased it jointly. Ur grand mother died intestate.so firstly it is divided equally between Ur grand mother and father.i.e 1/2each.ur grand mother's share is divided betweenherchildrens equally i.e.1/6each.i.e her two sons Nd daughter.ur father get 1/2+1/6sharein total. Urcousin will get 1/6thAnd Ur father's sister inherits 1/6th share. In total.
 
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Your grandmother's share will be divided into 2 i.e. to your father and uncle. Your uncle's share will go to your cusin. 

 
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Sirs, shall the same rule be applied in Bihar state?
 
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Who is the appropriate authority to sell the property? My father or we four grandsons and granddaughter?
 
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If property is not divided as per law all of uhad to sign or consent must be given.
 
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FIN

Which personal law applies in your case?

Are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

The property was purchased from self earned/acquired funds?

Have the deceased i.e. your grandmother left any valid WILL?

Are there any special rules in the stae of Bihar (india) that you would like to highlight?

Confirm!

 

 
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FIN

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

 
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FIN

Thus if deceased grandmother (paternal) was Hindu and did not leave any valid WILL, her share ( 50%) can very well devolve upon her legal heirs as explained above….that includes her sons and daughters..

 

If your Uncle (as in query) is alive he can enjoy his share and dispose in his lifetime in anyone’s favor.

The nature of property that devolves by inheritance is of self acquired. Sons, daughters have NO forced share in self acquired property of parents. Your cousin (son of uncle as in query) can ask his father to grant him some proceeds and if your uncle wishes he can pay his son from his share in his deceased mother’s estate/property.

After your uncle his share can devolve upon his legal heirs as explained above. If uncle has already deceased then his son can very well ask for his share and being Co-sharer his signature as seller may also be asked for.

 

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

So a buyer and or his counsels may very well ask for mutation records with all link docs and you may keep the death certificate, legal heir certificate/affidavit ( as per LOCAL rules/procedures) and update in mutation records..and may even ask for signature by all legal heirs ( ie.e Co-sharers) as seller and even others as witness….and/or succession certificate..

 

 
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FIN

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

 

And keep proper record.

 
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