Property sold to third party
Querist :
Anonymous
(Querist) 24 June 2011
This query is : Resolved
Hello,
We had bought a land in tamilnadu 5 years back from A ( Father ) land was restired with his name and and his fater had sold us and even his daughter had signed on the agreement for no objection, but Son was not in native so he didnt signed on the agreement. Will it be problem in near future legally.
We are third party and sale deed was leagally executed.
The father is expired now.
So again the question will son make make problem in near future and legally will they have any right??
Advocate. Arunagiri
(Expert) 24 June 2011
Is it a ancestor property or self earned property of the seller?
In whose name the property was registered father or son.
R.Ramachandran
(Expert) 24 June 2011
What is important to note here is whether "A" bought the property from some one, or he got the property from his ancestors i.e. his father / grand father etc., or through partition of family properties.
If the property in question was purchased by "A" from any third party (this you will be able to find out from the Sale Deed, where it might have been stated as to how he got the property), and then if it was sold to you, you need not at all worry. The son or daughter of the seller cannot create any problem either now or later.
Arif Iqbal
(Expert) 24 June 2011
I agree with Mr Ramachandran as well as Mr. Arunagiri. If the property is self acquired then you need not worry.
Ashok Yadav
(Expert) 24 June 2011
Need not to worry whether the property was ancestral or self acquired, you have purchased the property from a legal owner, and his legal heirs can not make any hindrance to you after his demise.
The seller has sold the property on his own wish and on getting full and final consideration and his son can not claim any right on that property from you, you are full flagged owner.
R.Ramachandran
(Expert) 24 June 2011
Dear Mr. Ashok Yadav,
I am a little bit uncomfortable with your reply that "whether the property wasancestral or self acquired, his legal heirs cannot make any hindrance".
While the reply can be ok in respect of a self acquired property, I am afraid your reply will not be correct if it was an ancestral property.
Advocate. Arunagiri
(Expert) 24 June 2011
Mr.Yadav,
Just because the purchase is made with full consideration, the purchase of a ancestor property without the legal heirs consent, can not be legally valid.
