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Chandana   11 September 2017

Selling inherited house

Respected Members,

Our grandfather had bequeathed a house self-acquired by him to his son and daughter through his registered Will. After his death, his son and daughter want to sell the house. 

Is it necessary for all his grandchildren also to sign the documents at the time of selling the house? 

Please advice.



Learning

 6 Replies

Raveena Kataria (Advocate )     11 September 2017

In my opinion, since the grand-children have no right in the self-acquired property of their grandfather, the property in question can be disposed of by the deceased's children as they please.

Siddharth Srivastava (Advocate)     11 September 2017

Firstly get the property mutuated in your name then you will have the right to sell the same. Signature of grand children are not required in any manner.

1 Like

Kumar Doab (FIN)     11 September 2017

It is believed that all involved are Hindu.

Confirm.

 

Kumar Doab (FIN)     11 September 2017

ClassI legal heirs of Hindu male have 1st right i.e: Mother (if alive as on date of death), Wife (if alive as on date of death), sons, and daughters (pre-deceased and alive as on date of death) ………

Obtain legal heir certificate that is usually issued by O/o Tehsildar.

At some locations per precedence authority may accept legal heir affidavit …………..

It is better to obtain legal heir certificate.

 

A stranger can not contest the WILL.

An individual that has an interest can contest; say creditor………

 

Which are other ClassI legal heirs other beneficiary Ies)?

If there is any predeceased son/daughter then their sons and daughters enter the scene……………and their NOC may be warranted….

In case Mother was alive then her NOC is warranted.

Kumar Doab (FIN)     11 September 2017

It is mandatory to probate the WILL in areas of Bombay,Madras, Kolkota.  

At other areas the beneficiary (ies) have to follow the simple process of ‘Testate Succession’ and forms/procedure is available in O/o Authority under whose jurisdiction property falls e.g; MC.

Certified copies of WILL, death certificate, legal heir certificate are basic requisites.

The authority may ask to obtain NOC from legal heirs and/or release adv tom newspapers inviting objections if any and/or send communications to legal heirs to submit objections if any, in a fixed/set time……….

If NO objections are submitted authority may act on WILL (without any cloud on it) and transfer ownership to beneficiary (ies)….

 

Kumar Doab (FIN)     11 September 2017

Your own LOCAL very able senior counsel of unshakable repute and integrity specializing in testamentary matters and having successful track record can help and guide you………

You may ask on perspective of registered family settlement deed………..that can rule out future litigation.





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