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venky (self)     22 November 2013

Purchase of agriculture land

Dear lawyers,

 

We are planned to purchase an agriculture land from A. 6 acres of Land registered on A’s father name. 10 years back A father expired. A father did not written any WILL. A has only one brother. A and A brother shares the property equally (3 acres each). They both entered their share (3 acres) each in their  Pattadar passbooks around 9 years back. They both doesn’t have any registered documents about the individual share(3 acres). They have only registered documents (Purchase documents)on the name of A father. They have only  Pattadar passbooks. A brother giving a trouble to A like lands need to be exchange or he need some extra land of 15 cents.

Quation : To purchase this land (3 acres  from A) do we need A and A brother signatures. A brother is not willing sign. Only A and A family (Son , Wife) are ready to sign.



Learning

 9 Replies

Arvind Singh Chauhan (advocate)     22 November 2013

Unless there is legal partition or A's brother also agree with sale. It is not advisable to purchase. In such land each and every cosharer have right on each and every portion of the land.

Ashok Kella (AVP)     22 November 2013

Mr Arvind has rightly expressed, both A and A's Brother are joint holder with equal share in common Properties. Either, A's brother must confirm the share sale by A's son or there must be a prior to your documentation , partition of the joint property into two brothers.

venky (self)     22 November 2013

thanQ sir,

Leagal partion like their share is entered in pattadhar passboks around 9 years back.As per the below they have individual rights.I am not sure please advise me.We have done agiment and paid 20% of money also.

The A.P. Rights in Land and Pattadar Pass Books
Act 1971 (Act No. 26 of 1971)

 

venky (self)     22 November 2013

ThanQ sir,

Leagal partion like their share is entered in pattadhar passboks around 9 years back.As per the below they have individual rights.I am not sure please advise me.We have done agiment and paid 20% of money also.

The A.P. Rights in Land and Pattadar Pass Books

Act 1971 (Act No. 26 of 1971)

T. Kalaiselvan, Advocate (Advocate)     22 November 2013

Venky,

As long as there was no dispute among the brothers and other legal heirs, you can go ahead with the purchase of the property which becomes the legitimate share of the vendor, but since there arose a dispute between them, it is better to buy a properly and legally partitioned and duly registered property to avoid litigation in the future.

Ashok Kella (AVP)     23 November 2013

In Pattadar pass book only share of individual stake is registered, not part of the property identified. Your uncle has right to claim his share in property proposed for sale by you.

First get it devide or obtain consent of your uncle.

venky (self)     23 November 2013

ThanQ very munch

 A has pattadhar passbok and title deed also about his share( 3 acers).

so will it helpfull ?

venky (self)     26 November 2013

Thanks to every one.

A and A brother B both are ready to sign.

Quation : Do we need to get sign fron A's son/Doughter/Wife and B's son/Doughter/Wife.

Please clarify.

Thanks in advance

venky (self)     02 December 2013

Originally posted by : arvind
Unless there is legal partition or A's brother also agree with sale. It is not advisable to purchase. In such land each and every cosharer have right on each and every portion of the land.

Hi,

They have mutual partition agriment decribes the propert details and identification along with suvey numbers which has been written in 100RS stamp paper along with 3 witness signatures.Is it enough?


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