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Kindly suggest legal procedure to buy below property. Kindly suggest legal procedure to buy below property.

2 years ago

URGENT REPLY......

Independent house purchased by Mr.X on sale deed in 1980 and Mr.X is having 6 childrens (4 Sisters and 2 Brothers) Mr.X died in the year 1995 and Mr.X wife died in the year 2019. No will written by Mr.X or Mr.X wife or Any registration happened till date.

Now Mr.X family given for KHATA CHANGE on 6 children's name at municipality. But issue is most of the sisters stays in USA so they are in India at present, returning to USA this month. KHATA CHANGE will take nearly 45 days. 6 Children's are saying they will make GPA on last brother (who stays in india) he will execute SALE AGREEMENT and Registration process completely.

My questions:
1. Both parents are died No Will return by any one of them. Is all 6 members absolute owner of parents property?
2. Can 5 children's make GPA for one of the brother and complete Sale Agreement and Sale Registration Process with purchaser?
3. Should i need to take consent of 6 members individual family members also...?
4. Can i make sale agreement from one of 6 childen's before GPS or After GPA...?
5. Is thr any alternative method for direct transfer of property from 6 children's to Purchaser?
6. I know that, Grand children's will have rights on Grandfather property will same apply here also....? or
becuase Grand father purchased on sale deed will it come under Inherited property...?
7. Is i need to take NOC/Consent letter/agreement from Grand childern's of 6 members family....?
8. Can i purchase this property using this method :
5 Children's giving GPA to Brother => Brother => Sale Agreement => Sale Deed
Is this process valid in court of law ? if any complication raises in future?
9. From GPA holder can i purchase the property ? if GPA provided by absolute owners. (5 members)
10. Kindly suggest legal procedure to buy above property.

Mrighankhi Chakraborty

Responded 2 years ago

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A.Hello Client,


1. All of the children are the legal heirs of the said property, after the demise of both the parents who died without intestate. all of them has equal right over the property.
2. Registered GPA must be made to complete the registration process.
3. Yes, consent must be taken from all the legal heirs.
4. No, it cannot be made.
5. No, there is no alternative method.
6. The grandchildren will have their rights over the property if the legal heir means one of the siblings is no more, then the children and the wife will have the right over the share of the property.
7. No. There is no need for NOC from the Grandchildren, as all the siblings are alive and only the siblings are the legal heirs of the property.
8. GPA must be registered, non registered GPS's are invalid.
9. Yes You can, Only if Registered GPA plus publication is done so that no dispute can be raised later.

for further procedure please contact an Advocate and show all the documents.


Thank You.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If the parents died intestate, the children will acquire the right on their property. You can get legal advice from a lawyer by mentioning all the facts of the case so that you can get proper legal advice.
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Anik

Responded 2 years ago

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A.Hi,
Children will have the right to their parent's property if their parents died intestate. You can contact a lawyer for legal advice and detail him all the facts of this case and find a solution.
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Lucem Leg

Responded 2 years ago

A.Dear Sir/Mam,

1. All are their legal heirs, after the death of both the parents died without intestate, property will be equally divided between their children.
2. No, Registered Gift Deed should be made to complete the process or otherwise registered GPA can also be made to purchase it.
3. Yes, consent should be taken from all the children before taking any step.
4. No, it cannot be made.
5. No, there is no alternative method.
6. No.
7. No.
8. Only if it is Registered GPA.
9. Only if Registered GPA plus publication is done so that no dispute can be raised later.

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