Grand fathers property
sreevichin
(Querist) 25 March 2013
This query is : Resolved
The property in Chennai, was self acquired by my grand father,My grand father G died 10 years ago. He was survived by 3(A,B,C) sons and and 1 daughter D who are living now. The property is occupied by my father since 30 years. My father wishes to settle the whole property in my name S (son of A. ) My father has 2 daughters d1,d2,Also. I ,wish to demolish the building and re-construct the property out of bank loan What is the procedure
1. To settle my uncles B,C, and d
2. D1,D2 have any share in my grandfathers property.
My father does not wish to give anything out of the property.they will settle for pittance. will bankers give loan to me ?
Adv k . mahesh
(Expert) 25 March 2013
if the property is self acquired property of your grand father then grand children has equal right on grand father property
Sankaranarayanan
(Expert) 25 March 2013
you said it is occupied ,then what way , Are their brothers and sister given NOC. Or your GF wrote will on your father? Whose name is in the title of property now? If not all of them including you have legal right. Need more details .
Raj Kumar Makkad
(Expert) 25 March 2013
If your grandfather had not given the entire property in favour of your father by way of either gift, will or any other registered mode then the property belongs to all sons and daughter (and even your grandmother, if she is alive) in equal share and their rights cannot be snatched just by making the will by your father.
No bank shall provide you loan over entire property as the same do not belong exclusively to your father and he is owner of just 1/4 share (1/5 if his mother is alive) so you cannot settle the things as desired.
sreevichin
(Querist) 26 March 2013
In case the property is to be sold , do all the grand daughters , grandsons of the family ( sons daughters of A,B,C,D)need to sign the sale deed or is it enough the sons, daughter of the deceased(A,,B,C,D) only need to sign the sale deed in favor of the third party.Can A,B,C,D use the sale proceeds if received in cash at their will and pleasure.in case the property is sold to outside party.
My father does not wish to give anything to my sisters out of the property he wants to show full partiality to me only, What is the procedure to get perfect title in my favour (ie son of A)and to be eligible for bank loan.
Anirudh
(Expert) 26 March 2013
Dear Sreevichin,
I understand your anxiety and especially when the matter relates to property!
But instead of indulging in ifs and buts, please give the full facts.
If your grand father had left A,B,C and D then all are entitled to equal share in the property.
First the property needs to be so divided equally amongst A,B,C and D.
Thereafter whatever share that comes to your father "A", A can do whatever that he wants to do. A cannot unilaterally do anything with reference to the entire property, without first partitioning the property amongst the eligible legal heirs.
Raj Kumar Makkad
(Expert) 26 March 2013
As already replied to you, your father has no preferential or exclusive right over the property left by your grand-father so further questions don't arise.
sreevichin
(Querist) 26 March 2013
My grand father left no will and my grand mother is also no more. Now i wish to settle my uncle and my aunt B,C,D by cash settlement.and obtain a release deed which they are prepared . Now will A become the sole owner with marketable title , (ie exclusive right) to the property Can my father do anything with the property (what ever he wants.) do what ever with the property , ie to sell it to third party without signature of daughters of A and even my signature , ie son of A.is it legally possible without the signature of daughters of A , because my father is still under the impression women do not have right in family property they can be settled for pittance (if at all required)
sreevichin
(Querist) 27 March 2013
So What I understand is that, if my father gets a registered Release deed from his brothers and sister in respect of the grand Fathers property , then he can do what ever he wants with property ,say a gift deed in favour of his son , and straight away exclude of his daughters from the picture (without obtaining his daughters consent or their signature).and the daughters do not have equal right on the grand fathers property as their father. ie once the registered release deed is obtained in the name of my father , it becomes his individual property with full marketable title and full right to alieniate the property Please correct me if I am wrong. Thanks Shri RajKumar Makkad sir and Shri Anirudh
prabhakar singh
(Expert) 31 March 2013
Getting any release from B,C,and D in favor of A would be final only if none of them has
sons or daughters born to them in the life time of your grand father.
Otherwise such a release would be valid only
for shares B,C,D owns in the property your grand father left.
Like wise even after release from B,C,D in favor of A,daughters of as well as son of A
if born in the life time of grand father would share equally with father A's 1/4 since B'S branch share is 1/4 and so is that of C, and D.
HENCE YOUR CONCLUSION IS STILL SUBJECTIVE AND NOT ABSOLUTE.
sreevichin
(Querist) 01 April 2013
thank u so much , all the grandsons and grand daughters, of A,B,C,D were born during the lifetime of the grandfather , hence all the grandsons and grand daughters shall have share in the grandfathers property,and will have right in the self acquired property of the Grand father.and in case the property is sold to Third party the signatures of the grandsons and granddaughters will be required for effecting the sale I presume this conclusion is correct.Thanks Shri Prabhkar Singh
prabhakar singh
(Expert) 02 April 2013
yes!Now you have arrived at correct conclusion .
