• Registration of ancestral property to one of the grand children

My grandfather has three sons and two daughters and He is not alive now. My grandmother is staying with her younger sons family in a house which is in the name of my grandfather. And to register the house to the grandson (i.e son of a younger son), do we need signatures of all children's of my grandfather or not. if yes, can we settle the issue either through paying the children their share of the property value? plz explain. how many signs are required for registration to grandson as registration is required for the home loan to construct a new house over there.
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

The property left behind by your deceased grandfather, upon his intestate death, shall devolve equally on all his legal heirs namely, his wife and all children including the children of his deceased legal heirs.

Just because your grandmother is residing in that house property, it will not become her own property.

If the legal heirs decide to transfer this property to one of the grandsons or any third party, all the legal heirs may execute a registered transfer deed jointly in favor of the chosen grandchild.

The transfer may be by gift deed or by a registered sale deed. 

No relinquishment deed would be applicable in this situation.

It is advisable that all the legal heirs can execute a registered sale deed jointly in favor of the chosen person to avoid all future complication/litigation/dispute. 

 

 

 

T Kalaiselvan
Advocate, Vellore
87694 Answers
2354 Consultations

As per Hindu Succession Act, Class I heirs list all grandson are legal heirs, so first you need to do relinquish deed. and get the property transfer on your name. 

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

On grand father demise grand mother , 3 sons would inherit his property 

 

2) you need signature of alll sons to register property solely in name of one grandson 

Ajay Sethi
Advocate, Mumbai
97492 Answers
7881 Consultations

Signature of all the adult legal heirs is required. You can purchase their shares. After payment they can register a release deed in your favor or all can execute a partition  deed. Stamp duty for both is fixed at Rs. 1000/- and registration  charges are 2% of the government  market value .

Ravi Shinde
Advocate, Hyderabad
4410 Answers
42 Consultations

 Dear Sir,

1) As the property belonged to grand father who passed away interstate the grand mother and all children will be equal heirs of the property through succession. Unless the property has been muted by NOCs in favor of the grand mother.

2) The Signature of all the legal heirs ie sons and grand mother will thus be required to transfer property in name of the grand son.

3)Execution of a registered sale deed will be best option for clear title, with not future legal issues.

Thank you

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

- As per law after the death of grandfather intestate , his property would be devolved upon all legal heirs equally i.e. each legal heir will have 1/6 share in the property including grandmother . 

- Further, any of the legal heirs can release their respective share in the name of other legal heir after executing a Registered Relinquishment deed. 

- Further, if all legal heirs wanted to transfer their respective share in the name of grandson , then they can  execute a registered Gift deed in his favour . 

- Hence, all legal heirs signatures are needed legally for registering the property in the name of grandchildren. 

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

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