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FightForCause (Businessman)     22 September 2019

Property of grandparent

My uncle is selling a property which my grandparent had bought during his lifetime. 1. Grandparent no more alive and had no will. 2. My father also not alive. 3. My father had willed all his property to my mom. 4. I have a elder brother and mother in my family. Queries. My uncle is calling me , my brother and mother to sign on the registry papers to sell the property. Is that necessary to have sign of me and my brother along with mother? How will property money distribution be done according to law among the uncle and our family. Kindly help!!


 8 Replies

G.L.N. Prasad (Retired employee.)     23 September 2019

Your father is a co-sharer to your Grandfather property after his intestate death, and your uncle is playing smart and getting signatures of legal heirs of deceased father.  It is upto you to decide further on seeking share of your father.  Your grandfather's intestated property must be shared by his wife and children equally as per law.

Real Soul.... (LEGAL)     23 September 2019

By virtue of will deed your mother wil get the share from the property equally as that of your Uncle. Now if your Uncle want to make the documents to be signed by all of you what is the harm if he is ready to distribute the sale amount .

If you are willingly allowing the sale of property then sign all of you what is the problem ;

However the amount of sale shall be divided into two parts one for your Uncle and one for your mother  having will deed . Then your mother has choice to distribute as she desieres.

FightForCause (Businessman)     23 September 2019

Thanks for the replies. What is troubling me is that uncle.is saying my mom , me and brother will have share but as per law and above replies , property share can only be given to my mother. Could there be a conspiracy that he is calling to sign on documents from all of us?.

Real Soul.... (LEGAL)     23 September 2019

Just be careful,don't sign anything until the sale amount is not distributed. Receive the sale amount in cash first and balance  by amount by  cheques and promissory notes . If you did not received the amount then while appearing for registering authority you can refuse and clearaly make a statement that you did not received the money. Don't let sale proceed until the shares cleared. 

Secondly read each document and don't sign any of you any kind of bland stamp paper,or power of attorney or any document that is other than sale dcoument,

if you need to hire an advocate for that then do hire for protection.

Otherwise your next quieries would be in lots and that wont have any solutions at all.

 

P. Venu (Advocate)     23 September 2019

From the facts stated, the deed need to be signed only by your mother. However, before execution of the deed, settle as to what as to the sharing of sale proceedings.

G.L.N. Prasad (Retired employee.)     23 September 2019

Because your father has bequeathed all his property in the name of mother, your father's entire share should go to your mother.  But, whether your father can write a will of entire ancestral property to your mother alone is doubtful.  Always trust local advocate and before signing seek for the draft copy  from your uncle for legal advice.

P. Venu (Advocate)     24 September 2019

Facts posted are insufficient to infer that the property has been ancestral.

P. Venu (Advocate)     24 September 2019

Facts posted are insufficient to infer that the property has been ancestral.


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