Minor interest in property
Suresh S
(Querist) 01 April 2012
This query is : Resolved
Dear Sir
I’m planning to purchase 2.50 acres of agricultural land from Mr. ‘X’. Property is located at Rajapalayam, Tamilnadu. Mr. X has got title over the property on March 30, 1990 by virtue of sale deed executed by following eight persons:
1. Mr. A
2. Mrs. B (Daughter of Mr. A)- for herself and for her four minor children
3. Mr. C (Son of Mrs. B)- for himself and for his two minor children
4. Mr. D (Son of Mrs. B)- for himself and for his four minor children
5. Mr. E (Son of Mrs. B)- for himself and for his two minor children
6. Mr. F (Son of Mrs. B)- for himself and for his one minor children
7. Mr. G (Son of Mrs. B)- for himself and for his two minor children
8. Mr. H (Son of Mrs. B)- for himself and for his two minor children
How Mr. A has derived property is not clear (there are no parent deeds except for the sale deed executed by him in 1990). But in the sale deed, it is mentioned that part of the property is ancestral and part of the property is self acquired by Mr. A (year of purchase and exact extent of land acquired by him and exact extent of ancestral land is not mentioned in the 1990 sale deed). It is also mentioned that said property was in possession and enjoyment of above eight persons.
My seller (Mr. X) says the property was ancestral property of Mr. A and as Mr. A did not have any original title deeds except for Patta and Revenue Records, while purchasing the property from Mr. A, as an abundant caution, he ensured that the original land owner (Mr. A) and all his legal heirs (Mrs. B and her ten children, of which four were minor and remaining six were majors but having minor children) jointly executes the sale deed in his favour in 1990.
Encumbrance certificate from 1986 to till date shows property is free from any encumbrances and property is properly muted in my seller’s Name (Mr. X).
Kindly clarify me, whether any minor interest exists in this property.
Regards
Suresh S
ESTHERPRIYA
(Expert) 02 April 2012
Dear Mr.Suresh
It is the larger extent of land 2.50 acres and it is better to go for entire due diligence of the whole title as from the query i can seen that there are various lacunaes seen in the title. If the overall title is not clear under due diligence you can save time and money and if on the other angle if it is some what clear then the remaining issues can be cleared then with the help of the owner you can clear and get a clear title in your favour.
