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Ashish Chelukala (Product Analyst)     06 August 2013

Grandsfather property

Theres a land about 10 acres registered on my grandfather name recently my grand father had been expired so land can be transfered to me on my father acceptence.

Theres a problem my grnd father's brother are qurelling that even they have the share on that land.
.. But the documents are registed on my grand father name.

Finally the question is can the land documents can be transfred to me on behalf of my father.

plese let me know the procedure as am in needful help.

Thanks,

Ashish Chelukala



Learning

 2 Replies

Vignesh Venkat (Part)     07 August 2013

I am assuming that the property in question was purchased by your grandfather out of his own funds. Based on the same, my answer is as follows:

1) Per Section 8 of the Hindu Succession Act and assuming that your Grandfather did not leave a will, the property would be devolve as follows:

a) 5 Acres would go to your grandmother and 5 acres to your father.

b) If your grandmother predeceased your grandfather, then all 10 acres would devolve on your father (Assuming that he is the only child to your grandfather)

c) If your father has any brothers / sisters, then the 10 acres would be split equally among the number of children your grandfather had.

 

2) Coming to your question on the transfer of property by your father in your name. yes, he can do so by settling the property in your name by way of a Gift deed and registering the same in the office of the Sub-registar in whose jurisdiction the property is situated. This gift deed while being prepared by an advocate will narrate the antecedant of the title and how it has come to devolve upon you. 

 

3) Your grandfather's brothers have no right over this property. You should get a gift deed settling the property in your favor as soon as you obtain a legal heirship certificate.

2BHelpfull (Other)     08 August 2013

if the property is inherited property then grandfather brother has a right.

 

but if it is self acquired then what Mr . Vigesh Venkat  hereabove mention will hold true.


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