Legal Question in Real Estate Law in India

inherited property

my grandfather had expired without leaving any will.he had a son and two daughters.i am the first son of his son.can i buy the house from my grand mother?if not, can i buy the 50%of the house which belongs to the daughters after my grandmother..can u plz elaborate?


Asked on 2/12/09, 5:33 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: inherited property

On demise of your grandfather, all his heirs inherited. Transacting only with grandmother would give you title to the extent inherited by her.

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Answered on 2/13/09, 12:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: inherited property

Yes, there is no bar on your buying any body's share on usual terms.

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Answered on 2/13/09, 8:02 am

Re: inherited property

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

If your grand father was the owner of the property in question and as you say he left with no WILL , his legal representatives has inherited his property and all have share therein.Yes , you canbuy the property with consent of shareholder.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.

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Answered on 2/12/09, 10:07 pm
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: inherited property

As per Hindu Law when your grandmother is living then she is the sole and absolute owner to the said property as she has automatically became the Kartha of the said property since your grandfather had died inestate/without writing will.

Secondly she has to decide the shares appropriately to all her existing legal heirs at her free will and consent and if you want to purchase then you have to obtain consent from all the first lineal descendants in this regard.

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Answered on 2/12/09, 11:20 pm


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