We have an ancestral house belonging to my grand father who had 05 x son's. Out of the 05 son's (All Brother's) only 01 is alive and is in occupation of the house. We are 13 x cousin's ( All alive) of my father's brother's, out of we 13 cousin's 07 are girls and are ALL Married. Now we all male cousin's are interested in selling our Grand Father's house. Do we have to get consent/ approval from our married female cousin's to sell the house or can they claim their right over the sell proceeds. Please advice on the legality of the case. Thanks
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There are NO property papers available of my grand father's house, however my ONLY surviving uncle is occupying the house and the electricity and water bills and house tax receipts are in his name. Can he be legally made to sign the contract of sale of the house on the basis of above documents being in his name.
1) I presume it is sof acquired property of grand father
2) on demise of grand father all his sons and daughters would have equal share in his property
3)co owner can sell his share without consent of other owners
4) Cousins can file suit for partition for divisor of properties b metes and bounds
If the property was originally owned by your grandfather it does not qualify the test to be an ancestral property. The share of your grandfather's sons, if they died intestate, further devolved through succession on their widows and children. The share of daughters is at par with that of sons irrespective of whether they are married or not. So you inevitably require their consent to sell the entire property unless they relinquish their share.
First of all grandfather's property shall not bcom ancestral property to the grandchildren.
Upon intestate death of the grandfather, his properties shall devolve on his children equally which includes his sons and daughters.
The legal heirs/children of the deceased children of your grandfather are entitled to a share out of their deceased parent's share in your grandfather's property.
In that way, the children of the deceased children of your grandfather can file a suit for partition an and also for an injunction against the uncle restraining him from alienating the property.
You can get the certified copies of the property title documents from the registrar's office.
You hav to give the proper details of the property including its survey number and other details in order to trace the title documents from the registrar's office.
Your non-cooperating uncle will not agree for any agreement with you people hence you should approach legally to this issue.
First you have to check the property is ancestral one or not? Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property. The essential feature of ancestral property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owner's coparceners with him. They become entitled to it due to their birth. A person inheriting property from his three immediate paternal ancestors holds it, and must hold it, in coparcenary with his sons, sons’ sons and sons’ sons’ sons’ but as regards other relations he holds it and is entitled to hold it, as his absolute property.
So in your case on demise of Grandfather all his sons and daughters would have equal share in his property. So each son’s legal heirs have right over the property up to what their father can get. Male cousin's can sell their right over the property without the consent of other co owners (Sisters). If the person who occupied the property is not willing to partition then file a partition suit.
1. Was the property ever partitioned or dealt with?
2. The said property of your grandfather is not called your ancestral property but your grandfather's property or paternal property,
3. All your female cousins have equal right on your said property as per law,
4-so, you shall have to take their signatures on the sale deed if you want to sell the said property or you shall have to get a relinquishment deed registered by them relinquishing their right on the said property..
1. With out title deed registered in one's name or without acquiring the title of a property, one can not execute or register any conveyance deed in connection with the said property,
2. The tax receipt or the electricity bill does not signify ownership of a property,
3. So, your uncle can not legally execute and register the deed of conveyance for the said property,
4. Collect certified copy of the title deed from the local registrar's office and then execute and register the deed of conveyance which shall have to be signed by all the legal heirs of the owner of the said property.