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Author Topic: What is the process of transferring land to my name after Fathers death?  (Read 410 times)

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Offline Jatinv

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Hello,

There is a 90 ct land which is divided between my father and his two brothers, so each one has 30 ct land.
Now my dad passed away recently and since my mother is expired as well i was planning to transfer the share under my name.
Now both the brothers are abroad.I recently contacted them, they were not that close to me or my dad from a very long time, I had asked a them about this, so they told me to wait on the transferring till they arrive here as both their signatures are required for it.
I don't know how honest they are being with me, So i wanted to know if their signatures are really required as i cant seem to picture why their signatures will be mandatory as my father's share has nothing to do with them.
If there is no requirement of the signature in normal case of name transfer, is there any other scenario where their signatures might be needed? I tried googling a lot and came across the term Joint , Can that be a case?

This is all complicated because these two brothers are not sharing full information,is there any lace where i can obtain the documents of land without the brothers involvement.The land is in Kerala and I am in New Delhi, recently the brothers are asking for my dad's Death certificate.

Thank you for any help.

Offline kalaskarkk

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Dear Sir,

Never share death certificate of your father with your brothers. But they are having equal share in the said property if they are your real brothers. The inheritance formula is as follows:

What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification


 

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