share to sons and doughters
rathish kumar
(Querist) 02 November 2010
This query is : Resolved
I want to purchase a site the details are as follows
A site measuring 30X60 was allotted to Mr.A on 29.03.1917 by Muncipality, Mr. Mr.A has got 2 sons and 2 doughters.i.e. Mr.B and Mr.C. Wherein Mr.B has got 4 sons and 4 doughters and Mr.A has also got 2 sons and 4 daughters.The partition was made on 30.01.1997 by deviding the site equally (15X60) by making sons of Mr.B as first party and Sons and daughters of Mr.C as second party.The first party has purchased the divided 15X 60 site from second party by giving them a agreed consideration but in the deed thy have not taken the signatures of the sons and daughters of the 2nd party i.e of Mr.C’s 2 sons and 4 doughters but taken signatures of these parties i.e 2 sons and 4 doughters. On partition Mr.A, Mr.B and Mr.C were not alive.
My question is
Is there is any share for sons and daughters of 2nd party i.e 2 sons and 4 doughters of Mr.C please clarify
Devajyoti Barman
(Expert) 02 November 2010
If the signatures of the other parties are not there in any document of such type then it has got force in law.
R.Ramachandran
(Expert) 03 November 2010
Dear Mr. Rathish,
Why are you raising this question at this point of time. Has anybody objecting?
rathish kumar
(Querist) 03 November 2010
sir ,
my question is, the property is devided between grand sons and grand doughters of mr.a. wherein in the partition cum sale deed sons and doughters of Mr.B and Sons and doughtersof Mr.C was made first and second party. First party purchased half of the share of second party by giving agreed consideration.In the partition cum sale deed all the sons and doughters of mr. b and c were put their singatures on registration.
my query is that whether the sons and doughters of 2nd party have any right to claims the share
R.Ramachandran
(Expert) 03 November 2010
Dear Mr.Ritesh,
According to my understanding from your query, the first party purchased the property of the second party in January 1997, after paying agreed consideration.
I understand that the said purchase document has been duly registered.
The sons and daughters of second party have not signed the said document.
Your query is whether the said sons and daughters of second party can make a claim?
In this context I first want to know (i) whether the said sons and daughters of second party are asking their share now?
(ii) Have they filed any case in this regard?
(iii) Were the said sons and daughters of second party minor at the time the first party purchased the property?
(iv) Whether the document through which the property was purchased by first party from the second party was registered or not?
Kirti Kar Tripathi
(Expert) 03 November 2010
i agree with Mr. Ramandran, in case there exist registration, the every thing lost its effect and registered document in this regard will be sufficient.
rathish kumar
(Querist) 03 November 2010
Mr.Ramachandran sir,
I am asking because I am planning to buy the site
Answer to question
(i) They have not asking any share and have not filed any case.
(ii) At the time of registration the son and doughter are minors
(iii) The partition cum sale deed was registered with the sub-registrar on january 1997
Please clarify whether the sons and daughters were major at the time of registration then what will happen.
M/s. Y-not legal services
(Expert) 03 November 2010
Very much confusing query. I am waiting for its conclusion and also for mr.rathis's satisfied..
R.Ramachandran
(Expert) 03 November 2010
Mr. Rathish,
This is what happens when you do not disclose the complete facts, and then put the query.
All that you should have said at the very beginning is, that I am proposing to purchase the property - the details of which are as under:
And then you should have posed the query.
I am sure, all the experts here were thinking that you to be one of "B" or "C"'s children.
ANY WAY, now that the property stands registered in the year 1997, and more than 13 years have already passed, one can safely purchase the property without any hitch from any quarter.
R.Ramachandran
(Expert) 03 November 2010
This is one of the reasons, many a times I seek additional questions before giving my answer.
rathish kumar
(Querist) 03 November 2010
Mr.A -(DIED 1931)
WIFE-Mrs.A - (DIED 1947)
Mr.B (DIED-1994) Mrs.C - DIED 1998 Mrs.D Mr.E (DIED -1970)
WIFE-Mrs.B -(DIED -2007) (DIED - 1948) WIFE- Mrs.E - DIED 1999
1 Mr.F 1 Mr.K
2 Mr.G 2 Mrs.L
3 Mrs.H 3 Mr.M
4 Mr.F 4 Mrs.N
5 Mr.G 5 Mrs.O
6 Mr.H 6 Mrs.P
7 Mrs.I
8 Mrs.J
01.Partition was made between 8 childrends of Mr.B and 6 childrens of Mr.E on 1997 by deviding the property measuring 30x60 feets equally . The share of 6 childrens of Mr.E who got 15x60 was purchased by the 8 childrens of Mr. B by giving agreed amount. The partition deed was registred with sub-registrar in the year 1997 by obtaining the signatures of Mr.B’s 8 childrens and mother and 6 childrens of Mr.E and his wife Mrs.E
Actually site was allotted to Mr.A by Muncipality in the year 1917
Now I want to purchase the property from 8 childrens of Mr.B who have got site measuring 30x60
My querry is that
01.whether the sons or doughters of 6 childrens Mr.E has any claim in this property whether they are minors or major
Please clarify
rathish kumar
(Querist) 03 November 2010
In my above querry b.c.d.e were childrens of Mr. A
8 childrens and 6 childrens are the childrens of Mr. b and Mr.E
rathish kumar
(Querist) 03 November 2010
Mr.Ramachandran sir please clarify me
