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Ancestral Property Transfer
10 months ago
My late grandfather sold property to my father 23 years ago, though he had 2 other daughters. Agreement document not registered. Property under my father\'s control; he pays house tax and electricity bills on my father\'s name.my Father wants to register property in his name, then transfer it to me. Need advice to ensure smooth transition without disputes with my grandfather's daughters.
A.Dear Client,
In the absence of registration of the Deed of Agreement to sell and also in the absence of registered Deed of Sale only possession can not confer the title of the property to your father. Moreover, in the absence of the Seller/ owner ( your grandfather) of the property, how can the deed of sale be registered in the name of your father? So, on the expiry of your grandfather, the status of the property is to be considered as intestate property. As per the law of inheritance and Succession Act, an intestate property is equally shared by the surviving legal heirs. Therefore, surviving daughters are entitled to an equal share in the said intestate property of their deceased father and accordingly, daughters of your grandfather and their heirs can claim their share in the property. In the prevailing situation, a suit for partition of the said intestate property may be filed to get your father's share in the property. Reach out to an Advocate for more clarification, guidance, and steps.
In the absence of registration of the Deed of Agreement to sell and also in the absence of registered Deed of Sale only possession can not confer the title of the property to your father. Moreover, in the absence of the Seller/ owner ( your grandfather) of the property, how can the deed of sale be registered in the name of your father? So, on the expiry of your grandfather, the status of the property is to be considered as intestate property. As per the law of inheritance and Succession Act, an intestate property is equally shared by the surviving legal heirs. Therefore, surviving daughters are entitled to an equal share in the said intestate property of their deceased father and accordingly, daughters of your grandfather and their heirs can claim their share in the property. In the prevailing situation, a suit for partition of the said intestate property may be filed to get your father's share in the property. Reach out to an Advocate for more clarification, guidance, and steps.
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A.Dear client,
Assuming that the property was the self acquired property of your grandfather, he has all the rights to sell it to your father without the consent of your aunts. Hence, the property transfer from your father to yourself should be smooth. They can't claim the property
Assuming that the property was the self acquired property of your grandfather, he has all the rights to sell it to your father without the consent of your aunts. Hence, the property transfer from your father to yourself should be smooth. They can't claim the property
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