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QUESTION: hi,
we have a shop at good location which Is in the name of my grandfather and his two brothers. My grandpa Is no more but his two brothers are alive. My dad's brother who is the smallest was using this shop and was not allowing anyone to do business there. He has taken all original documents of the shop. Now he Is threatening that he will sell the shop .. My question is can he sell the shop without the signature of my dad? Also if my grandfather's brother agrees to sell and my dad don't

ANSWER: If a male Hindu dies without making a "WILL",then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters etc.as per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated  on the ground of  gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law.  Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which  daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.
Therefore,in the instant case,after the death of your grand-father,his wealth  would devovolve as per the last desire made in his WILL,if any and in the absence of the same, equally amongst his wife and children subject to issue of the Succession Certificate by the court.However, if your grand-father died prior to the coming into force The Hindu Succession Amendment Act,2005 then his daughters will get no share in it.
After the death of your grand-father as well as grand-father and his sons,their wealth will be distributed as per the provisions of The Hindue Succession Act as stated above.
Alternatively,  the existing members can enter into a "Family Settlement Deed" and get it registered.It will help in equitable distribution of the wealth and also to maintain peace and cordial relation within the family.
Property included all properties-ancestral as well as self-acquired of the deceased.
Only the true owner has the authority to sell the property.Till the ownership is transferred,your brother has no authority to dispose off the property.
Please take appropriate actions in consultation with a lawyer.


---------- FOLLOW-UP ----------

QUESTION: Thanks for your reply. it was of great help to me.

My concern here is that my uncle has all the original documents of the shop with him and if my grandfather's two brothers and two uncle of mine who holds the share of my grandfather agree to sell off the shop and gives signature so in that instant can my uncle sell the shop WITHOUT the signature of my dad who also holds the share in that shop after the demise of my grandfather.

Answer
In case of co-owners, the property cannot be sold without the consent of all the owners or their representatives.Therefore,in the instant case,the said sale will be invalid.You may obtain certified true copy of the original documents from the Registrar's Office through an advocate.
So, you have nothing to worry about.
In view of the above,please take appropriate actions in consultaton with a lawyer.

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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