Who all should sign the sale deed
2 years ago
Mr. Ram purchased a land in 1942. after he was dead, property was in his wife's Mrs.Sony name. Mrs.Ram & Sony has only 3 daughters. Mrs.Sony has made a WILL on 3 daughters name and died. all 3 daughters are 80+ year old. if they are selling property now. Is it required to get signature from all their childrens and grand childrens??
Only the 3 sisters will have to sign the sale deed as they are only the owners of the property. There is no need for the signatures of their children unless they have not transferred the property to their children via a gift deed. In such a case where they have gifted the property to their children then the signatures of all the children will be needed and not of the 3 sisters.
Thank you
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A property which until and unless remained unpartitioned for last four generations through male lineage, cannot be considered as ancestral property, therefore, this property in the hand of daughters'is to be considered as self acquired property and if that property remains unsold,then even after their death, their children and/or grandchildren can never ever consider that property as their ancestral property as the property passed through female lineage.
A.Dear Sir,
Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
It is important to know here that how the property was transferred to Mrs. Sony here form Mr. Ram. Assuming that the property is considered as self acquired property at the hand of Mrs. Sony hence the will has got the validity and then in that case all the three sisters will have to sign the deed.
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