Problems of purchase of land
Querist :
Anonymous
(Querist) 11 November 2011
This query is : Resolved
Dear sir, pl. clarify the case according respective provision. In 1958 Mrs. K has property by inherieted. Mrs.K sold her property to Mr.S without her childrens in March 2007. Mr.S again sold that properyt ot Mr.M on June 2007. Now question is, anybody want to buy the said property, any legal issue raised by the childrens of Mrs.K.
Most Urgent.
Thanks and Regards.
S.Raj
Querist :
Anonymous
(Querist) 11 November 2011
Dear sir, pl. clarify the case according respective provision. In 1958 Mrs. K has property by inherieted. Mrs.K sold her property to Mr.S without her childrens consent in March 2007. Mr.S again sold that properyt ot Mr.M on June 2007. Now question is, anybody want to buy the said property, any legal issue raised by the childrens of Mrs.K.
Most Urgent.
Thanks and Regards.
S.Raj
ajay sethi
(Expert) 11 November 2011
the property that mrs k inherited was it the self acquired property of parents/husband ?
was it by will ?
was probate taken ?
you have woken from your slumber after 4years . what is so urgent?
Sankaranarayanan
(Expert) 11 November 2011
almost your qurey also vague like your name
Rajeev Kumar
(Expert) 11 November 2011
Are you sleeping for the last four year and above all your query is too vague. So we are unable you pass you exact reply without full detail.
Rajeev Kumar
(Expert) 11 November 2011
Are you sleeping for the last four year and above all your query is too vague. So we are unable you pass you exact reply without full detail.
Sailesh Kumar Shah
(Expert) 13 November 2011
no rights of children of Mrs. K. Since property was personal in the hand of Mrs. K.
Devajyoti Barman
(Expert) 14 November 2011
If it is inherited property then the sale would be voidable at the option of the children of Mrs K which right can however be enforced by them within 3 years from date of attaining their majority.
prabhakar singh
(Expert) 14 November 2011
To my understanding you failed to keep it known to experts that in what capacity and from whom the property was inherited by Mrs.K???
Despite it has been answered by every one,many of those are "oilfields of law".
In absence of the fact desired by me your query can be answered only on speculative eventualities,
that too, on many anticipations and not only one.
Anyway my answers are as follows:
1]If the property was inherited by any WILL
by Mrs.K,as sole beneficiary under the WILL then she was absolute owner and had right to sale alone with out any consent of hsr children.
2]If the property was inherited by Mrs.K from any of her parents [father or mother]in any mode whatsoever still she was absolute owner and could sale without any interference of her children.
3]If the property was inherited By Mrs.K from her husband not AS EXCLUSIVE BENEFICIARY UNDER ANY WILL BUT AS AN HEIR UNDER SUCCESSION ACT THEN she was NOT exclusive owner as she as well as her children all inherited[sons and daughters] equally.
In this case her sale would be valid only to the extent of her share depending of on the number of her children.
I can not hold a view that her sale deed would be effective for share of children also unless children were minor on the date of sale and she sold their share as natural guardian with prior permission of the court.
In case the sale was made as guardian of children but without prior permission by court then children have right to to repudiate the sale with in 03 years from the date they attain their respective majority.
Since the sale by Mrs.K to Mr.S was made in 2007 from which 12 years have not passed ,in case the children have the right in the property,the said sale at present is valid only to the extent of the share owned by Mrs.K and no more.
Mr.S can not plead BONAFIDE PURCHASER NOR ANY OF HIS SUBSEQUENT BUYER FROM HIM CAN PLEAD SO AS 12 YEARS ARE NOT COMPLETED FROM SALE OF Mrs. K.TO Mr.S.
SO APPARENTLY LIMITATION TO CLAIM RIGHT BY CHILDREN IS STILL ALIVE.
The prospective buyer must have a bearing of this aspect in his mind before dealing in the property.
At present if it is bought the buyer should insist on
a joint sale from Mr.S as well as from Children of Mrs.K to avoid any future dispute and to get a clear title marketable in future.
Querist :
Anonymous
(Querist) 15 November 2011
Very Thanks to My Beloved Professionals
Mr. Ajay Sethi
Mr. Piyush Vaishnava
Mr. Shankar Narayanan
Mr. Rajeev Kumar
Mr. Shailesh Kr. Shah
Mr. Devajyoti Barman
Mr. Prabhakar Singh
I realy pleased reply by Mr. Prabhakar singh. Will touch after seen the all the documents of the property.
Thanks and Regards.
S.Raj
