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Bals (Executive)     16 December 2012

Right's of legal heir

Hi All,

I have entered into an agreement of sale(unregistered) to buy a plot. There are four legalheirs of that plot, without knowing the fact of the legalheirs, I have entered into the agreement with Only two legal heirs. After knowing the fact by seeing the legal heir certificate, that there are two more legal heirs of the said property, I have approached those two legal heirs to sign the agreement of sale, they refused to sign the document. They are not ready to sell the property by saying that it is a joint family/succession property for which the actual owner is their father who is expired. There four legal heirs are his son's & daughters.

The two legal heirs are the son's who entered into agreement with me and are ready to sell the property. But the other two legal heirs (daughters) are not ready & they are clarifying that they has the equal share/right's as the other two legal heirs'(son) on the property.

In the agreement of sale only two son's are made the parties as sellers as the are the only heirs by lawfully and me as the buyer.

Please suggest me and let me know whether the daughters are also having equal share's as per law 

without their consent, is the agreement of sale is valid or void.

 

Regards,

Shiva

 



Learning

 2 Replies

sridhar pasumarthy (ADVOCATE)     16 December 2012

If the parties are Hindus, both daughters and sons will succeed to the estate of their deceased father. 

Your agreement is valid with respect to the shares of the sons.  You can get a Regd. Sale Deed to the extent of the sons 1/2 share are later, you need to file a suit for partition against the daughters for the demarcation of your property purchased from sons.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     16 December 2012

Sritharji 's answer is right


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