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sivaperumal   27 April 2015

Doubt on land

Sir / Madam I am planning to buy a Land at Avadi, Chennai. Area is 1200 Sq.Ft, which CMDA Approved. Present Owner is Mr Vijay. Initially Land Was Registered on his wife name Ms Prabha on 15/10/2007 and they got divorced on 06/03/2009 (Legally with Court Order). The land was registered from Ms Prabha to Mr Vijay on 15/02/2012. Mr Vijay married to second wife and Mr Vijay changed his name as Mr Hanif on 29/10/2008 and he died on 02/08/2013. Now, Legal Heirship is on Four Members (second wife, daughter (minor - 3 years) and two others). Pls give your view on purchasing this land. Any legal issues are there?


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 4 Replies

Utsav Ghosh (Advocate)     27 April 2015

There are lot of issues involved which will have to be taken before purchase of the property:

1. Since the land was registered in the name of Ms. Prabha after which it was transferred in the name of Vijay which makes him the sole owner of the property.

2. After this the land got transferred to Mr Vijay who married first and later on got converted to Mr Hanif. But you have not mentioned is the name on the title document changes or is still the same.  Hence Mr Hanif will be governed by Muslim law who before was governed by Hindu law. If a person is governed by Muslim Law and dies without any Will he shall be governed by provision of muslim law.

3.Regarding his wife and children it has to be argued before the court as under what provisions of law the first wife is entitled to her share in the property. Provided if the first wife has got married during the lifetime of the deceased she may not be entitled to any share in the property which shall be a matter of argument and the same is for the Competent Court to decide. 

There are complications in the land but if it is done systematically then the same can be purchased. Provided the same has to be done before the competent court.

Regards,

sivaperumal   27 April 2015

Sir

Thanks for the quick response.

The land is still in the old name (Mr Vijay).

From First Wife the Registered to Mr Vijay after Divorce as like Payment of Purchase (i.e. Mr Vijay paid money as per the value of the land to his divorced first wife). Its like other land selling and purchase.

janki   27 April 2015

hello, my mother is the owner of the land and she bears holder katha in her name. so will she be able to get housing loan in her name for holder katha. or if she does gift deed in her two daughter's names, will i be able to take loan to build house. please suggest

janki   27 April 2015

hello. i had taken education loan from vijaya bank by keeping lic bonds of my sister for security reason. i cleared my loan but the bank has lost my original bond of my sister and telling that they can give me duplicate bond instead. but i need the original bond. bank is helpless. what can i do inorder to get my original bond and bank is so carelessly answering that they are helpless in returning my bond back. what can i do please suggest


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