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khalifa Pasha (Engineer)     26 June 2015

Grand children rights

Dear lawyers ,need your advise ..

I am planning to buy a property,  The property owner was Hindu and government employee , he purchased property from housing board in 1978 through hire purchase scheme and was paying money on installment basis and died in 1999 with pending dues. His wife (legal heir) completed all pending dues. And Housing board registered property in her name in 2005. Now that property owner wife also died on last 2013 and that property owner`s children  become legal heirs and they (5 brothers no daughters) are planning to sell that property to me.

 Do I need to have their grandchildren consent or signature in registration document while registering/purchasing   that property? 

 

 

 



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 6 Replies

Tanu Yogendra Oza (Founder)     26 June 2015

Yes. You must have to take consent of all grand children.

Tanu Yogendra Oza (Founder)     26 June 2015

Yes. You must have to take consent of all grand children.

Tanu Yogendra Oza (Founder)     26 June 2015

Yes. You must have to take consent of all grand children.

Tanu Yogendra Oza (Founder)     26 June 2015

Yes. You must have to take consent of all grand children.

kavksatyanarayana (subregistrar/supdt.(retired))     26 June 2015

include the grand children as vendors in the sale deed.

khalifa Pasha (Engineer)     05 July 2015

Dear All, Many Thanks for your reply.  I have gone through other forum threads. (https://www.lawyersclubindia.com/experts/What-is-the-definition-of-ancestral-property--263611.asp#.VZjyg01Mvcs)  senior lawyers states    grand son/daughters have rights in ancestral property by birth and  interpretation of ancestral as per forum thread   “ Ancestral Property is a property that has remained partitioned in the family for 4 generations. In simple words if a person holds a property which from his great grandfather came in his hand down the line will be considered an ancestral property”

As mentioned earlier,     

  • Property owner self-acquired property using his own funds from Housing board hire purchase scheme and expired before dues incomplete,

  • Later his wife paid all dues and got name transfer by housing board as legal heir (with NOC from sons) and executed absolute sale deed on her name.

  • Registered owner (wife of property owner) also expired

  • After that property inherited to his five sons (no daughters) since they are legal heir (not divided and registered their name).

     

    In the above context,   property owner`s wife expired intestate and that property inherited by her legal heir and as on date no partition deed executed. And they are willing to sell me. Since I buy this property from second generation why I should have consent of 3rd generation (grandson since it is not ancestral properties as per above interpretation)   kindly clarify


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