Swaroop Mishra 01 January 2022

Help regarding transfer of property

Hello Sir/ Madams, Need an advise on a complicated situation. My father just died of an accident. Now there are few property which we intend to sell. That property is in the name of our grandfather. Now grandfather legal heirs were - my father, my uncle (fathers elder brother) and my fathers sister. Now 2out of three are dead. Now faters sister are creating issue whie selling the property . Earlier it was decided by father n sisters she will get a plot n she will not claim on other properties. How to make this transition in legal way so that fathers sisters receive the property which was decided. N we get to sell remaining property without the complication of getting signatures from fathers sisters children.

Read more at: https://www.lawyersclubindia.com/#

Reply Follow

3 Replies

G.L.N. Prasad (Retired employee.) 01 January 2022

Let the ladies approach District Legal Services Authority file a Pre Litigation conciliation making all co-sharers respondent and get such settlement deed with metes and bounds in the name of every co-sharer. through LSA in the form of an AWARD. Get the same indexed through them to Sub Registrar. This award can not be challenged and the costs involved are almost NIL.

SHIRISH PAWAR, 7738990900 (Advocate) 01 January 2022

Hello,

Your father and sister may execute partition deed and register with sub registrar. For grand father his children are legal heirs so your father's and his sister's signature is required for executing partition deed. No need to get signature of father's sister's children.

Dr J C Vashista (Advocate) 02 January 2022

Whether your grandfather owned the properties by successionor his self acquired and died intestate ?

What about the status of properties of your father at the time of his death ?

Certain basic information qua properties has to be shared with a local prudent lawyer for better appreciation of facts / documents and professional advise.