Property

Transferring Ownership of Property

Hi, I am stuck in a family dispute regarding a flat which was bought by my Grandfather with his hard earned money. My Grandfather had three sons and a daughter who all are eyeing to sell the flat and earn easy money. My grandfather never wanted such thing to happen ever. My Grandfather made a big mistake by not making a will as his condition was too critical during his last time. In past my Grandfather had clarified to all in several family discussions that no one will sell any property. He had bought two flats (both are still in his name) with equal rights to his four children but now all of them are disputing over the properties. Due to this all of our families relationship are getting bitter day by day.Please help me to understand how can I restrict people doing foolish things as buying a new property at this time is too difficult.Two of them are even conspiring to take a sole ownership of the properties. Is it possible for them to do so..? If yes then how to overcome this? How can all get their respective shares in the properties legally?

Expert Advice


I assume your grandfather was a Hindu by religion. Since your grandfather had died intestate i.e. without leaving a Will, all his children will have an equal share in his properties (Presuming your grand mother has passed away too). It is advisable to obtain a succession certificate from court for distribution of your grandfather’s properties. To prevent anyone from wrongfully dealing in the flats or claiming sole ownership, you can write a letter to the society informing them about the names of legal heirs and requesting not to adhere to any transfer requests without written permission of all the legal heirs. If you still apprehend that other family members are trying to create third party rights in the flats then you can approach the court and get a restraining orders.

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Presuming that you are a Hindu family, your grandfather's property will be distributed according to the provisions of the Hindu Succession Act, 1956. Under this law, the property of an intestate deceased goes first to Class I heirs in equal proportion. Class I heirs are (1) sons, (2) daughters, (3) widows, (4) mothers, (5) sons of a pre-deceased son, (6) widows of a pre-deceased son, (7) son of a pre-deceased sons of a predeceased son, and (8) widows of a pre-deceased son of a predeceased son. In your stated case, assuming your grandmother is not alive, there are 4 Class I heirs: the three sons and a daughter. The property will be divided equally among them. If the concerned family members agree, they may enter into a Deed of Family Settlement or a Memorandum of Understanding, whereby some of them may give up their claim on their entitlement in exchange for some consideration.

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Adv. Manish Acharya

Partner
LawLeo.com
Andheri , Mumbai

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