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Naresh (EXECUTIVE IDT)     01 July 2014

Property transfer from grand mohter name to grand son nmae

Hi,

My Grand Mother have a house of 70 SQ. YD.  who is expired in 1999.

My Grand Mother have 3 son and 1 Doughter. My 2 elder Uncle both sale their part of the house when my grand mother is alive.

Now 3rd part which is still my grand mother name is with my father. My father is also expire in 2011. but the stil my house is in the name of my grand mother.

 

Now i want to know the prodeure how can i transfer this property into my name. when My grandmother is expire and my 1 uncle is also expire.

1 uncle who is expire have 4 son.

2 uncle who is alive have 2 son

3. my father expired and me onle 1 son.

 

Kindly Advise me on that.

 

Thanks Naresh



Learning

 1 Replies

Kumar Doab (FIN)     01 July 2014

It is being believed that the deceased was Hindu and property existed/was registered in her name and also that property was duly partitioned and at the time of sale, the portions stood in the name of Uncles and they sold their legitimate portions only.

 

If property was not partitioned and was sold in the life time of Grandmother then the portions might have been sold by her.

 

IN that case the leftover portion shall be inherited ……..as per Hindu Succession Laws:…………………..applicable to female Hindu dying without leaving any WILL.

 

The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following -

1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .

  • If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
  • If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters

 

IN case you note any violation of rights approach a local lawyer dealing in such/revenue matters.


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