Seeking advice on how to deduct name from the land papers
Mouril Shah
(Querist) 19 April 2021
This query is : Resolved
My grandfather (has 1son my father and 4 daughters) and his brother have a land registered by their names which was many years ago and my grandfather died in 1997 and his brother died in 2004 and then my father used to work there and managed that land for many years but from last 10 years that land is stale and there is no activity there and we have decided not to use it and sell it. All the children's of my grandfather's brother are willing to sign the property deed to give their share of land on my father's name but my aunts are not willing to sign, my father is the 2nd oldest one and has taken care of each sister financially in many different occasions like wedding, buying them a house, gifting gold and by many other ways and now this is the 1st favour my father has asked in years and they backstabbed us and told they'll not sign the transfer of property papers? So what steps should we do??
Should we take first 50% land of my Grandfather's brother on my father's name or should we wait for my aunts to sign the deed(which I think is highly unlikely) or is there another option??
Please do write
SHIRISH PAWAR, 7738990900
(Expert) 19 April 2021
Hello,
If your grandfather's brother's all the children are giving their share then get their share transferred through a registered deed in your father's name. Your aunts are also legal heirs of your grandfather so they have an equal share in the property of your grandfather. Try to convince them to transfer their share in your father's name.
Mouril Shah
(Querist) 19 April 2021
So we should first get 50% of share registered on my father's name and then convince my aunt to sign on remaining 50%?? So we can hold the majority is what are you saying?
Advocate Bhartesh goyal
(Expert) 19 April 2021
Your aunts being legal heirs of your grand father have equal share and right in the property so better settle the matter amicably with them.
Sankaranarayanan
(Expert) 19 April 2021
Yes all legalheirs are entitled on share of property
kavksatyanarayana
(Expert) 19 April 2021
Your grandfather's children and your grandfather's brother's children have equal rights over the property. Your grandfather's brother's children agreed to sign, they have to execute a relinquishment deed for their share in your father's name. for aunt's share, you tackle the issue amicably otherwise the property shall be divided.
P. Venu 
(Expert) 20 April 2021
"My grandfather (has 1son my father and 4 daughters) and his brother have a land registered by their names which was many years ago and my grandfather died in 1997 and his brother died in 2004 and then my father used to work there and managed that land for many years but from last 10 years that land is stale and there is no activity there and we have decided not to use it and sell it." Why such a long, complex and disjointed sentence? Please post the facts in simple sentences which every one can understand.
What do you mean by "registered in their names."? What do you mean by "then my father used to work there"?
Moreover, the posting contains less of facts, but more of your subjective personal opinions based on ill-informed assumptions and presumptions.
From the facts that could be understood from the posting, the property is jointly vested with all the legal heirs of your grandfather and his brother. Half the property belongs to the share of the legal heirs of the grandfather of which your father is entitled to 1/5th share (it would be 1/6th if the grandmother is alive). Your father can take half the property only if the other legal heirs relinquish their rights in the property though a registered deed.
