brsasireddy
29 April 2024 at 11:13
Good Morning all,
Question for all the experts and please help me to understand.
It was an ancestral property inherited for generations. Four brothers (lets say Brother A, B C D).
In year 2007 they made registered partition deed in the family. Brother B got 3.67 Acres of land via partition deed. Now the bother B has possession of 3.67 Acres.
Brother B has 2 daughters and 1 Son, all are major.
In year 2011 (Bother B still alive). B made registered Partition Deed among the kids. He gave 2.67 Acres to his son and half acres to each of his daughters. Now his son (lets say X) has 2.67 acres in his possession.
Now X has 5 kids (4 daughters and 1 son all are major), he want to sell his 2.67 acres and two of his daughters not ready.
Since it ceases the ancestral nature in 2007. I believe it become self acquired property of X.
Questions:
1. Is this Self acquired property of X as he got thru the partition?
2. Can he (X) sell the property without his daughters consent?.
Please provide your opinion.
Thanks
Shashi
brsasireddy
24 April 2024 at 17:53
Good Afternoon All,
Recently we registered a Deed of Consent in subregister office. I went thru the entire doc and somehow I missed a silly spelling mistake.
They mentioned exectants instead of executants - U missing in the word -
######### AS HERE
The amount of consideration was already received by the exectants of this document proportinately, including the first Part share.
​
​This Document of Consent Deed is made by the executant consciously, voluntarily, with out any undue influence or coercion This being a fully conscious act this Consent Deed is binding on the executant for ever. Now no any consideration received in this Document.
############
Will this create any problem in the future?. Do I need any rectification deed?.
Please help me.
Thanks
Shashi
brsasireddy
28 August 2023 at 18:47
All,
I am planning to buy an agricultural property in Tamilnadu about 1 acre. Going back to history.
It is an ancestral property. The father had 13 acres.
Three of their sons divided the property equal share 4 acres each and 1 acre given to mother in 1999 by registered partition deed without 2 daughters (Father died in 1995 and daughters never signed the 1999 partition deed). In 2009 the daughters went to court and filed suit for their share. The case is pending last 14 years and no light for them. Now one of their son is selling 1 acres, I would like to provide you opinion the risk of buying this property.
My two questions please,
1. What is the risk of buying this property from one of their son.
2. How the Dec 20 2004 amendment to the daughters coparceners rights affects this property, as already partition happened in 1999.
Thanks
Shashi
brsasireddy
28 November 2022 at 10:49
Can someone decode this message please,
Sufficient opportunity given. Additional Written statement not filed. Hence additional Written statement closed. Batta of D15, D16 not paid. No representation. Sufficient opportunity given. Issue fresh summon to D15, D16 a payment of batta through Court and Post. Private notice permitted (LC) and appearance of plaintiff call on 19.12.2022.
Thanks
-s
brsasireddy
28 July 2022 at 23:47
Hi All,
There is a family of 5 siblings ( 3 sons and 2 daughters), The land of 15 acres divided in 1997 among the sons (excluding daughter in the partition deed and father was no longer alive at that time). One of the son sold some property on Dec 17 2004. Now the daughters put a case on court for the share and been running for 13 years in district court. The another son want to sell some of the property and shall I buy it even it is in litigation.
I read about this sections
"“Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004." - Can you please let me know this applies to the above case?.
Thanks
brsasireddy
19 January 2022 at 14:55
Good Afternoon,
I am planning to buy an agricultural land in tamilnadu. Here is some details,
1. Property 1.5 acres was bought by someone in Feb 2005 and at that time, the seller had 4 kinds (2 daughters and 2 Sons) . In the sale deed they did not mention the daughters name and only mentioned sons name in the sale deed. It is ancestral property to the seller.
One daughter was minor and another one was major during at that time(2005).
2. The purchaser is selling the land to me now and the Elder daughter (she was major 2005) is ready to come for the registration and another younger daughter (also major now) not will to come for the registration.
What is the rights of the daughter (minor in 2005 and major now) can file case on the property now/later?. Is there any red flags (legal issues) on my purchase?. Please let me know.
Thanks
S.
brsasireddy
19 January 2022 at 14:53
Good Afternoon,
I am planning to buy an agricultural land in tamilnadu. Here is some details,
1. Property 1.5 acres was bought by someone in Feb 2005 and at that time, the seller had 4 kinds (2 daughters and 2 Sons) . In the sale deed they did not mention the daughters name and only mentioned sons name in the sale deed. It is ancestral property to the seller.
One daughter was minor and another one was major during at that time(2005).
2. The purchaser is selling the land to me now and the Elder daughter (she was major 2005) is ready to come for the registration and another younger daughter (also major now) not will to come for the registration.
What is the rights of the daughter (minor in 2005 and major now) can file case on the property later?. Is there any red flags on my purchase?. Please let me know.
Thanks
S.
Anonymous
01 September 2021 at 22:10
I live in Tamilnadu, India. My mother is purchasing farming land and gifting me. Can She execute sale deed from a seller to her and deed of gift to me on same day? (First sale deed to her and gift deed to me - SAME DAY). Please let. me know
Thanks
Shashi
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Muslim owner property rights
Hi All,
I am planning a buy a plot in Bangalore. Here is some background,
1. Property acquired(purchased) by Muslim man in 1982 from Hindu owner
2. Muslim Owner have 4 kids (3 daughter and 1 son).
3. Muslim Owner died in 2010
4. The 4 children of the Owner (all around 50+ age) partitioned the property 1/4 each in 2011.
5. The 4 children of the Owner have many kids (they are grandchildren of original owner).
6. Now the muslim owner children (1 son and 3 daughters) are selling the property to Hindu (me)
Questions:
1. Since current owner(s) are muslim's which property law we need to follow to sell the property?
2. Do we need signatures of the grandchildren of the Original owner for the sale deed registration?
3. How many years EC we need to check (20,40, 75 ...). We have records for 45 years?.
Please help me.
Thanks
Shashi
Read more at: https://www.lawyersclubindia.com/forum/muslim-s-property-236515.asp