Request guidance on documents required/process
amit
(Querist) 23 May 2018
This query is : Resolved
Dear Experts
May I pls seek your guidance on the below matter on what are the document required by my father to sell the land.
My late grandfather has 2 son—A & B and 4 daughters – C,D,E & F (late) all daughters married and settled in other state with grand kids.
All land is in the name of A ( he has no children & his wife died 10 years ago), he used to live with B (his younger brother).
Last month A died in the hospital, now B wants to sell the land.
What documentation is required for B to sell the land/property now ?
Do C,D,E also have rights on the property owned by A ? C,D & E doesn’t want the property as they are well settled & want their brother (B) to do that . Can B sell the property without involving C,D&E ?
May I pls request you to guide me on the documents I need to collect so that B is legally allowed to sell the property.
M V Gupta
(Expert) 26 May 2018
please let us know whether the property is self acquired by A or inherited by him from your grand father.
amit
(Querist) 28 May 2018
Sir, 70% of the property was self acquired by A where as 30 % inherited from grand father. Thank you.
amit
(Querist) 28 May 2018
not resolved yet, no replies received.
M V Gupta
(Expert) 28 May 2018
In the case of self acquired property of A, on his death intestate and childless and his wife predeceasing him,the surviving brother B and sisters C,D,and E are entitled to equal share i.e., 1/4th each. As regards inherited property from grand father, other than by will, all the members of the HUF namely B, C, D, E, and children of F also will be entitled; while B C D and e are entitled to 1/5th each, the 1/5th share of F will be divided in equal proportion among children of F. In view of this and as all sisters are not interested in claiming their shares in A's self acquired property as well as ancestral property they may execute Relinquishment deed in favor of B; if the children of F are also not interested in having their share in ancestral property, they may also be joined in the relinquishment deed and register it. By this B becomes full owner of all the property and then he can sell the property by himself. Alternatively, all the sisters and children of F may join in the sale deed and confirm the sale by B. In this case the sisters and F's children have to declare that the sale price may be paid to B only and that they are relinquishing their rights in favor of B..
M V Gupta
(Expert) 28 May 2018
In the case of self acquired property of A, on his death intestate and childless and his wife predeceasing him,the surviving brother B and sisters C,D,and E are entitled to equal share i.e., 1/4th each. As regards inherited property from grand father, other than by will, all the members of the HUF namely B, C, D, E, and children of F also will be entitled; while B C D and e are entitled to 1/5th each, the 1/5th share of F will be divided in equal proportion among children of F. In view of this and as all sisters are not interested in claiming their shares in A's self acquired property as well as ancestral property they may execute Relinquishment deed in favor of B; if the children of F are also not interested in having their share in ancestral property, they may also be joined in the relinquishment deed and register it. By this B becomes full owner of all the property and then he can sell the property by himself. Alternatively, all the sisters and children of F may join in the sale deed and confirm the sale by B. In this case the sisters and F's children have to declare that the sale price may be paid to B only and that they are relinquishing their rights in favor of B..
