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Property Legal heirs clarification
16-Sep-2023 (In Property Law)
Mr. A is willing to sell his inherited property from his father through Registered will dated 1976. Mr.
A has two sons and one daughter. Daughter got married and died within 6 months of the marriage and they do not have any children.
Now there are two sons as a legal heir of Mr.A. Mr.A wants to sell the inherited property with the agreement from his two sons, without the involvement of any legal heirs from his daughters marriage.
is it advisable to buy this property , without the signature of all the legal heirs of Mr. A.
Actually speaking, the property belongs absolutely to A alone and nobody has any right or share in the property. The property was bequeathed to him by way of a Will and it was duly acted upon after the demise of the testator, hence A becomes the absolute owner of the property. Since this is a bequeathed property it cannot be considered as ancestral property in any manner hence no one can claim any share as a right in the property and A has got full rights to dispose the property in any manner to anyone of his choice without taking the consent of any of his children or his wife or anyone.
Therefore you need not bother about the deceased daughter's heirs or even A' heirs to give their consent, it is not necessary, at least legally.
Therefore you need not bother about the deceased daughter's heirs or even A' heirs to give their consent, it is not necessary, at least legally.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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Its inherited property all the legal heirs -grand children too are eligible for share.The Hindu family succession
Act and also the general Law is clear about the share of property if inherited. However Since daughter is passed away and had no issues need not to worry if the sons give their willingness.MSKRISHNAN
Act and also the general Law is clear about the share of property if inherited. However Since daughter is passed away and had no issues need not to worry if the sons give their willingness.MSKRISHNAN
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Adv. M S Krishnan
Chennai | 25+ Answers
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If a property is got by will, it has to be treated as his property and he can sell the property to any person. If the property is inherited without a will then the legal heirs can claim share in the property. Therefore there is no impediment in purchasing the property
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