Grand son and grand daughter share on grand fathers property


Hi

Mr. R bought a self acquired property in 1992. After  5 years (1997) he expired without any will. His mother(Mrs.M) expired in 2000. He has a surviving wife (WF1), two sons and one daughter. Three Grand children are majors(above 18) and three grand children are minors (less than 18). Now the property owner is WF1.

1) If a relinguishment deed is executed by surviving wife (WF1),  two sons and one daughter, then WF1 can sell the property to anyone? 

2) If no relinguishment deed is executed then surviving wife (WF1),  two sons and one daughter can sell the property (with an amicable understanding between two son's and daughter) to a third party?

3) Since Mr.R's mother was live when Mr.R died, whether Mr.R's brother or sister has any right in this property?

3) Whether major grand son and grand daughter's (or even minor grand son and grand daughter) have any right in this property after the sale? They can give any case against the sale and have any claim in the property?

 
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your query is half explained like are all the grand parents are from one father or from different.

anyhow your ansers are

yes wfi can sell his share only to anyone

sons and daughter consent are not enough to sale the property as share of grand children is also there

 
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Now the property is in Grand Mother's name (WF1). In this query there is one Grand father (Mr. R) and Grand Mother (WF1). Naturally their father's are different. Mr.R's mother was Alive when Mr.R died, whether Mr.R's brother or sister has any right in this property? Whether major grand son and grand daughter's (or even minor grand son and grand daughter) have any right in this property after the sale? They can give any case against the sale and have any claim in the property? My understanding is that Tier 1 Legal Heirs of Mr. R (Wife which is WF1, Two son's and Daughter) are the owners of this property. So grand children whether major or minor don't have any rights in this property. Hope someone will clarify me the 4 questions clearly.

 

1) If a relinguishment deed is executed by surviving wife (WF1,who is the current owner),  two sons and one daughter, then WF1 can sell the property to anyone? 

2) If no relinguishment deed is executed then surviving wife (WF1),  two sons and one daughter can sell the property (with an amicable understanding between two son's and daughter) to anyone?

3) Since Mr.R's mother was Alive when Mr.R died, whether Mr.R's brother's or sister's has any right in this property?

3) Whether major grand son and grand daughter's (or even minor grand son and grand daughter) have any right in this property after the sale? They can give any case against the sale and have any claim in the property?

 
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Practicing Advocate

If a relinquishment deed is executed in favor of the wife by the children then, the wife alone can sell the property or the wife and children can agree to sell the property with concurrance.

 

I do not agree with mr Anish Thakur on the point of share of the grandchildren. No... none of the grandchildren (whether major or minor) have any legal right over the self acquired property of the grandfather after his death till their own parents (son & daughter of the grand father) are alive at the time of Grandfather's death.


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Practicing Advocate

 

Originally posted by : Blr2012


1) If a relinguishment deed is executed by surviving wife (WF1,who is the current owner),  two sons and one daughter, then WF1 can sell the property to anyone? 
 
 

The question itself is absurd.....if the surviving wife WF1 executes relinquish deed then, how can she sell the property? her right  in the property will be extinguished the moment she registers a relinquish deed.

 
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Hi Madam

Thanks for the reply. Your are trying to say that "Grand Children don't have any rights on the self acquired property of the grand father (died without a will) when all grand father son's and daughter are alive"

 
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Yes my question is incorrect, Kindly read as Son's and daughter are doing relinguishment deed in favour of their mother (WF1) and then WF1 is selling this land to a thrid party. Is legally viable? After WF1 death, whether son's or daughter can claim their rights on this property?

 
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Practicing Advocate

Yes, the reason is that it is not an ancestral property for the grandchildren to claim the share. The property in order to be ancestral should be inherited upto 4 generations of male lineage to the present one. So in this case only the class I heir would  inherit. 


If the children executes a relinquishment deed in favor of their mother then she can sell the property. After her death, her children would inherit the property as her heirs.


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Hi Madam

Thanks for the clear cut answer. 

Since Mr. R's mother was alive when he died and she expired after Mr.R, whether R's brother's or sister's (R's mother's other kid's)  has any share in this property?

 
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Practicing Advocate

In the given circumstances, they don't have any share.

 
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