• Grandfather property succession

As my father and his brothers got my grandfather property through WILL 1994 and they are going for a joint venture with a developer and asking for my consent signature. Do I have the rights or is this just a consent signature. As I am a daughter. Do I have any rights as my father got property through WILL.
Asked 15 days ago in Property Law
Religion: Hindu

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19 Answers

Since property inherited through Will is considered to be a self acquired property, your signature is a empty formality and you do not have any share in the property.

Devajyoti Barman
Advocate, Kolkata
23452 Answers
529 Consultations

1. If your grandfather's property was ancestral property and not a self acquired property, then you will have right in the property, as one of the legal heirs. 

2.  In case, if your grandfather's property was his self acquired property and had executed WILL in favour of his sons, then you will not have any right over the property,  during your father's lifetime. 

3.  There's are two ways for your father to give 1/3rd share (out of his share), one is to execute a Gift Deed in your favour or let your father execute a WILL, indicating you as beneficiary.

Shashidhar S. Sastry
Advocate, Bangalore
5502 Answers
334 Consultations

Legally speaking you don't have any rights in this property which was acquired by your father along with his siblings through a Will bequeathing the same by their father.

However there's no problem in signing the agreement as an attesting witness instead of consenting witness.

T Kalaiselvan
Advocate, Vellore
88317 Answers
2388 Consultations

This joint venture is for development purpose alone between the landowners and the developer and all the agreements and conditions are binding between them alone.

If wants to give his one third share to you then he can do by executing a registered settlement deed subsequently.

T Kalaiselvan
Advocate, Vellore
88317 Answers
2388 Consultations

Yes if you are a Hindu then by birth you have right over ancestral property 

Prashant Nayak
Advocate, Mumbai
33298 Answers
219 Consultations

You have no share in said property during father lifetime 

 

it is just consent signature 

Ajay Sethi
Advocate, Mumbai
98115 Answers
7971 Consultations

agreement should contain a clause regarding your share in property 

Ajay Sethi
Advocate, Mumbai
98115 Answers
7971 Consultations

  1. If the property dispensed by grandfather is ancestral, will is not valid and you are enttied for half share in property coming to the  share of your father.
  2. It appears the property is ancestral and hence your offered 1/3 share in it.
  3. It is matter of drafting jv through which you can get your 1/3 share.

Ravi Shinde
Advocate, Hyderabad
4771 Answers
42 Consultations

What is notarised par? 

Ajay Sethi
Advocate, Mumbai
98115 Answers
7971 Consultations

Notarised partition deed will have no legal validity. Only registered document will have legal validity.

Shashidhar S. Sastry
Advocate, Bangalore
5502 Answers
334 Consultations

Notarized partition is not recognised as a legally valid document.

T Kalaiselvan
Advocate, Vellore
88317 Answers
2388 Consultations

Let your father get the share of property through this joint development agreement allotted to him.

After that he can transfer his share of property in the proportion as decided to his children.

He cannot transfer one third share to his children at this stage of JDA..

Remember that any transaction pertaining to immovable property is concerned it should be done by a registered document alone.

T Kalaiselvan
Advocate, Vellore
88317 Answers
2388 Consultations

Partition deed has to be duly stamped and registered 

 

notarised partition deed would not suffice as it does not confer any title to property 

Ajay Sethi
Advocate, Mumbai
98115 Answers
7971 Consultations

Execute a jv describing shares of each sharers, that is 1/3 each and get the jv agreement  registered, that will be legal document.

Ravi Shinde
Advocate, Hyderabad
4771 Answers
42 Consultations

1. Property inherited through a bequest becomes separate property of the individual which is at par with self acquired property. Hence, your signature is not mandatory as you have no right, title or interest in the property during your father's lifetime.

2. Get the JV drafted by a lawyer. It is very difficult to explain here how to mention what in the agreement.

Ashish Davessar
Advocate, Jaipur
30830 Answers
975 Consultations

Partition Deed can also be executed but it will have to be registered unless it is a Memorandum of Family Arrangement.

Ashish Davessar
Advocate, Jaipur
30830 Answers
975 Consultations

- Since, your father has got that property by way of a Will , then during his life time you have no right over the property and your consent is not needed. 

- However, he can transfer any portion of the said property in your name legally 

- Your father can apply for mutation of his share in the property in his name 

- Further, after getting transferred the property in his name only he can transfer to you .

Mohammed Shahzad
Advocate, Delhi
15030 Answers
228 Consultations

Yes you can execute 

Prashant Nayak
Advocate, Mumbai
33298 Answers
219 Consultations

Since your father inherited the property through a WILL (1994), it is his self-acquired property. You do not have an automatic legal right, but he can voluntarily give you a share.


Consent Signature in JV:

  • It is just a precautionary measure, not a legal requirement.

  • Signing does not mean you waive future claims unless a release deed is executed.


How to Get 1/3rd Share in JV:

  1. Partition Deed (Registered, Not Notarized) – Divides his share into 1/3rd each for you, your brother, and him.

  2. MoU & JV Agreement – You sign as a direct stakeholder.

  3. Gift Deed (Optional) – He can transfer 1/3rd share via a registered gift deed.


For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
911 Answers
4 Consultations

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