stanley (Freedom) 12 January 2020

Transfer / sale of property by grand children in cantonment

We have a house which is in my grand mothers name as per the general land Register in the cantonment board .My grand mothers expired leaving a unregisterEd will only on her three sons name which is not on stamp paper in the year 1967.The grandmothers sons have expired and we are six grand children left who wish to sell the property .There is no dispute within us .Now is the will valid as it is not on stamp paper .And can the property be sold directly with out transferring the property on the grand children's name in the general land Register extract.

Reply Follow

Quick Summary

This discussion explores the complexities of selling a property registered under a deceased grandmother's name in a cantonment area. The property was left via an unregistered will from 1967 to her three sons, who have since passed away. The six grandchildren now wish to sell the house, which is on leasehold cantonment land with 20 years remaining on the lease. Key questions revolve around the validity of the unregistered will, whether the property can be sold directly by the grandchildren without first transferring it to their names, and if the property, being self-acquired by the grandmother, can be alienated by the legal heirs of her sons. There's also a query about whether the property might be considered ancestral and if a son's daughter, excluded from his will, has a claim.

4 Replies

ASHIF. K.M. 12 January 2020

In the eye of law, it is valid if the property is her self acquired one. The legal heirs of her sons in whose favour the will was executed can jointly alienate the same.

SHIRISH PAWAR, 7738990900 (Advocate) 12 January 2020

Dear sir,

Property has to be transferred in thè name of grand children first thereafter grandchildren can tranfer property to purchaser. There is no other option.

Regards,

1 Like

stanley (Freedom) 12 January 2020

The house is situated on can'torment land where in 20 yrs of the lease are still left .Hence why can't it be transferred and why can't the house be sold .its the valuation of the house that exists for sale and not the bland to be sold am I right

stanley (Freedom) 12 January 2020

Originally posted by : ASHIF. K.M.
	In the eye of law, it is valid if the property is her self acquired one. The legal heirs of her sons in whose favour the will was executed can jointly alienate the same.

Apperceive your reply .it's her self acquired property .But now the sons are no more.One son has left a will but not included his daughter in the will .Isn't it that the sons property becomes ancestral. Hence the daughter too has a claim to the property am I right