Anecsters property
Shiva Shankara R Shetty
(Querist) 19 November 2016
This query is : Resolved
Dear Experts;
I’m planning to purchase 600 Sq. Ft. out-house property in Jayanagar 4th ‘T’ Block, Bangalore south.
The undivided site is 2400 Sq. Ft allotted by City Improvement Trust Board (later renamed as BDA) in the year of 1958 to the M.R. Ramachandra and issued a possession certificate. Based on such possession certificate, he constructed house measuring 600 Sq. Ft. as out-house.
Ramachandra has two son’s, elder son is M R Prakash and younger son is M R Ramesh. Initially, all are living jointly (Father, mother, elder son, his wife and younger son) in the same house. After getting the marriage of younger son, he decided to construct separate house, in the front portion.
After that, Ramesh constructed new house (1350 Sq. Ft) in front portion and moved there. Father was living along with elder son. A female child born to elder son. Later, male child born to Ramesh.
Immediately, father moved to the younger son house and neglected the elder son.
In 2008, father executed a will. As per the will, the out-house (600 Sq. Ft) given to the elder son and the front house (1,350 Sq. Ft) given to younger son. There is common area which measures 450 Sq. Ft. which belongs to both.
In 2011, M R Ramachandra died and in June, 2014 the absolute sale deed executed between Dy. Secretary, BDA (1st Party) and Mr. Prakash and Mr. Ramesh (both are 2nd party). In July, 2014, the release deed executed by Mr. Prakash and releases 1,350 Sq. Ft. to Mr. Praksh. However, the release deed speaks about the provisions of the will and mentioned the Schedule A (covers the entire property) and Schedule B (covers Ramesh’s share). But, it doesn’t speaks about Prakash’s share. The remaining area is common area and as per the will, it belongs to both and should not construct any structure.
In Aug, 2014 Mr.Prakash also died. Now, Khata of the said 600 Sq. Ft transferred to his wife. Now, she want to sell that property.
Now, my lawyer says that, out-house which measures 600 Sq. Ft is belongs to both the sons and having valid titles based on the absolute sale deed which executed in the year of 2014. As per his view, will is final document for legal heirs (not for buyer) and absolute sale deed is base document for buyer of such property. For buyer, the valid title comes from absolute sale deed only. Because, such sale deed is executed after the execution of will. Therefore, sale deed the latest and final document.
As per the sale deed, the entire property belongs to both. Then, 1,350 Sq. Ft release in July, 2014 from elder brother to younger brother. However, younger brother still having 50% share in out-house.
He was demanding for partition deed between the brothers or consented witness from the younger brother. However, Mr. Prakash not ready for either of partition deed or consented witness.
Now, my advocate refer for second opinion. So, my question is whether my advocate view is correct? Any alternative available? Can I proceed to buy the property?
I attached the soft copy of the release deed for the reference.
Thanks in advance.
P. Venu
(Expert) 20 November 2016
The query lacks clarity.
Shiva Shankara R Shetty
(Querist) 24 November 2016
Please give me, your e-mail id. I will send the sot copy. I'm unable to attach to this quiery
Rajendra K Goyal
(Expert) 24 November 2016
Your lawyer seem to be right, for specific reply all documents need to be referred, discuss with local lawyer.
