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Author Topic: grandfather's self earned land  (Read 402 times)

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Offline DH

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grandfather's self earned land
« on: December 28, 2015, 11:06:02 AM »
My grandfather had some self-earned agricultural land bought some 30 years ago. My grandmother passed away in 2005. He too passed away in 2009 without making any will for his property.Six months after his death, his two sons, my father and his brother, sold half of the property to a third party through a sale registration. So, in the remaining half, my father and my uncle are equally eligible, right? Now, my uncle relinquished his share through a RELEASE DEED (by taking a suitable amount from us.). Thus, my father became the sole owner of the remaining part. However, since it is a transfer deed and not a sale registration, my uncle's only daughter, my sister, did not sign during the registration. Lawyers at that time told that she does not have a right on it as it is my grandfather's self-earned property and not inherited. So, her consent is not necessary. Is that correct? How genuine are our documents?
So, the overall question is
A) IS IT TRUE THAT THE GRANDCHILDREN DON'T HAVE ANY RIGHT ON THE GRANDFATHER'S SELF-ACQUIRED PROPERTY(IF THE GRANDFATHER DIED WITHOUT MAKING A WILL)? Please help as we want to sell the agricultural land now.

Offline adv.amarnath

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Re: grandfather's self earned land
« Reply #1 on: December 29, 2015, 01:13:56 PM »
Your uncle is still owner of of that land in respect of half share in spite of bogus relinquishment deed. Property can only be transferred by 5 ways.... and all are compulsorily registration. Yes it is true that grand child don't get any share of property.
Regards,

Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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