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Ancestral property purchase

Legal Issues & HelpReal estate laws
manjunathdesai 12 Jun 2020, 07:06

Hello Sir/Madam,

My father is purchasing 4 acres of ancestral property and i have couple of questions in regards to it.

Seller father died in the year 1970 and he has two sons and 1 daughter, daughter married in the year 1989.

Since the father expired in 1970, they have registered land on elder son name.

I have few questions in regard to the purchase of this 4 acres agricultural land.

1) The elder son(property registered) has a brother + 1 sister and intern they have 2 sons each and in that 3 are major and 1 minor, so whether all need to come for registration or only elder son + brother is engough. if they are not available is there a way we can get three sons + 1 minor signature in cour agreement.

2) Whether the daughter of the original seller will get any land in it. since she got married in 1989 and her father died in 1970.

3) elder son(registered property on his name)n has 2 wives and he never gave divorce to the first wife so the second wife will be eligible for any property. or second wife kids will get any share.

Thanks in advance.

Thanks, Manjunath

1 Reply

Eeshwarreddy_Advocate 23 Jun 2020, 18:17

hello madam/Sir There are morethings you have interpreted before asking questions;Seems that you acquired knowledge of law and you are trying to ask based on that; However I will answer

  1. X person died in 1970- He has 3 childere 2 Male and 1 female.
  2. We shall see here that X has no cobrothers issue to treat as a Hindu Undivided Family or Joint property; Here the property will be devolved with all the children under Succession Act 1956.
  3. When she is married is not a question but being the elder son becoming Karta of the family he will have some rights over the property as it was not undisputed for partiton. She was married in 1989.
  4. answers for ur questions
    1. if one is holding title over the property and not disputed or challenged in any court for nearly 50 years, you can do registration with out any doubt as a bondafide purchaser , you always has a right over the property but if the property is not challenged in any revenue court or civil court before your registration. if other brother signs that becomes supportive, if he doesnt have kids before 1970. Otherwise its better that childeren of his brother also shall sign.
    2. When she married is not the question ; this is the question to be answered in the court if questioned by other means.
    3. if the elder son has kids before expiry of grandfather then his children shall sign on the document. means for registration for safer side —seller(elder son)+his brother+ children of both (if they are born before 1970) is enough ; if the kids of second wife born before 1970 and unwilling to sign ; leave them; you can do registration with seller +his brother and his kids as i said. if any call me on 6305835801
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