saikumar 25 June 2015

Grand childrens right

Hi

We are going to buy the Property in Bangalore.Since the Registered Owner got expired, using the Death Certificate the legal Heirs (Daughters) got transfer the property in their Names and now the tax receipts,Khatha Certificates,EB bill,Water Bill all are in Legal heirs Name.
Now if we are going for sale agreement , whether the grand-children must come and sign the sale agreement or the legal heirs are Enough to sign the sale agreement.
Since it is a grand-mother property in future there is a chance for the grand-children to claim the property rights
Kindly suggest me to avoid grandchildren claim in future.

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5 Replies

saravanan s (legal advisor) 26 June 2015

there is no need to get grand children consent as this property is not ancestral in nature

H.JanakiManohar Rao (lawyer) 26 June 2015

It is better if they obtain succession certificate from the competant court instead of legal heir certificate to avoid future litigations.

Dr J C Vashista (Advocate) 26 June 2015

Presently the title holder of the property is registered in the name(s) of LRs of deceased who need not ask/induct any one else, their children do not have any right, claim, interest or title of the property.

Ezhil Bose (Advocate High Court-Chennai) 26 June 2015

I agree with adv Mr. Saravanan and Dr. Vashista, as the property is not ancestoral in nature, as per the legal heirship certificate whoever name is mentioned it would suffice for them to enter into the sale deed.

To add on when all the EB Bills, Water tax is also transferred to the legal heirs name, it would suffice for the children alone to enter into sale deed.

saikumar 26 June 2015

Thanks for all your guidance.

Just to confirm, grand children sign is not required in sale agreement, but it is mandatory for them to sign in the registrar office when the property getting registered in our name? Please correct me if I am wrong.

Also, the sale agreement need to be registered in sub-registrar office or signing in the e-stamp paper with evidence sufficient?