Mino- Property Transfer
My mother's father had 4 daughters and 4 sons (A,B,C,D). mother's father died with making a will that each son will get 1/4th share of the property (land). the whole land belongs to my mother's mother, actually my mother's mother was the only daughter of their parents so all property got transferred in her name. by mutually concern they all(A,B,C,D) divided the land of their own without making any documentation. now few years later both one son(D) and his wife died. now the problem created from here .the children(minors) of D want to transfer their father's 14th share in their own name because A,B,and C are ready to give 1/4th share but refusing to transfer in children(minors) name and children want property on their name so in future they can give it on lease or rent or open bank on that place. A, B and C clearly said that neither they will do any documentation to get property in their own name nor they will transfer property to the children name.my mother's mother is alive, all property belongs to her and she want to transfer D share to their children name but because of A ,B and C she can't do this. she is 85 year old. i know that the 1/4th share of D will automatic get transfer to their children name but children have fear that A,B and C will change their share with children's share.actually D got his share which is on road side. so it is obvious that they(A,B and C) will try to change children 14th share with their 14th share which is far from the road or they will re-divide the land so that they might get land near road. Is there any way to get D share in their children(minors) name.? i want proper documentation of D share in their children name so that in future D's children will not face any problem like changing or re-dividing the land by A,B and C. D has 3 children,one girl(14 year old) and two boy(13 year and 6 year). please help me out, i am from UP.
Free Legal Advice - property dispute
Posted by: abhinav
Posted on: 2019-09-30
From your query it could be seen that your mothers mother is alive and property originally belongs to her name, the same mothers father created a will and died. If he has land in his own name then only he can transfer the right over the property through will after his death. The legal heirs of D's can only claim the right of their father property. Is be so the grand mother can execute a deed in their name separately as per her wish.
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