UDAYA KUMAR (agriculture) 29 January 2014

Property of grandfather

Hi,

please, help me in purchasing a property by clearing the doubts.

Mr.X (grand father) brought a property and he expired 5 years back. Mr.X has one wife.. grand mother: Y and two sons.. A and B. this land is partitioned b/n A and B and both have pattadar pass books separately. B has one son also.

Now B is selling his property. is it enough if B and his son signs in the sale deed?

does grand mother. Y also has to sign in the sale deed. She is not willing to sell. But her son and grandsons are willing to sell.

Hereby i like to know if it is legal to buy with out the concent of grandmother. Y

Thanks,

Uday

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4 Replies

adv.raghavan (Advocate,9444674980) 29 January 2014

No, it is not valid, unless and until the grandmother relinquish her rights over the property, B and his sons cannot execute sale deed, even if they do so it is not valid transfer, which is subject to legal scrutiny.

UDAYA KUMAR (agriculture) 29 January 2014

Sir,

if the partition is done b/n the sons.. X and Y.. then is it ok to buy it from Y with out her signature?

Thank you for your valuable time and suggestion.

Thanks,

UDay

adv.raghavan (Advocate,9444674980) 29 January 2014

Male dying intestate, properties will devolve upon the legal heirs. In your case if grand father had died without any will, his wife is eligible for a share, so getting RELINQUISH MENT DEED from her is a must. Without which any transaction pertaining to that property is not valid and, title will be questioned.

Laxmi Kant Joshi (Advocate ) 29 January 2014

if A and B both have pattadar pass book seperately it means they had entered their name as the owner of the property and their grandmother had released her share by making a released deed in favour of both the brother A and B and now both are the owner of the 1/2 share of the property if they had adopt this procedure then B can sell his share without taking any signature from his son or from his grandmother.