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Grandfather property

(Querist) 07 February 2015 This query is : Resolved 
A property in Tamil Nadu registered in the name of X. X is dead and his sons & daughters are in possession and occupation of the property. Now, they want to sell the property. All the sons and daughters are married and have their own children. The point of doubt is, to sell the property, whether the consent of all the grandchildren are required or the signatures of only the sons are daughters are enough ?
Advocate Bhartesh goyal (Expert) 07 February 2015
Consent and signatures of grand children are not required,only signature of son's and daughters are required
prabhakar singh (Expert) 07 February 2015
IF X WAS THE EXCLUSIVE OWNER THEN ONLY HIS SONS DAUGHTER AND WIDOW AND MOTHER WOULD SIGN THE SALE DEED AS HEIRS OF DECEASED X.
Rajendra K Goyal (Expert) 07 February 2015
Consent of legal heirs (sons, daughters, wife , mother) only required, not of grand children. Agree with the experts.
T. Kalaiselvan, Advocate (Expert) 07 February 2015
To dispose the self acquired intestate property of the deceased, signatures of legal heirs of deceased alone is sufficient, there is no requirement of the grandchildren to sign any paper as they are no where concerned with the property nor do they have rights in it.
Balaji Bakthavathsal (Querist) 07 February 2015
Thank you all learned Advocates. T am extremely sorry that I forgot to mention an important point. "X" got the property from his father through partition deed and not self acquired. "X's father purchased the property from his own brother and x got the property through partition from his father.
P. Venu (Expert) 08 February 2015
The additional information makes no difference.

Moreover, the signature of the respective children would be required if any of the siblings has since deceased.
T. Kalaiselvan, Advocate (Expert) 08 February 2015
I agree to the further opinion of the expert Mr. Venu on the subject query.


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